Legal Opinion
State v. One 1990 Honda Accord
New Jersey Superior Court Appellate Division
Decided June 16, 1997PublishedCited by 2 opinions
1Opinion of the Court
The opinion of the Court was delivered by
LONG, P.J.A.D.
The issue raised in this case is whether the owner of property subject to forfeiture under N.J.S.A. 2C:64-1 is entitled to a jury trial pursuant to article 1, paragraph 9 of the New Jersey Constitution. For the reasons that follow, we have concluded that a jury trial is required when demanded by a claimant in a forfeiture action and that the summary disposition contemplated by the statute does not pass constitutional muster.
The ease arose when the State instituted an action seeking forfeiture of a 1990 Honda Accord automobile which was…
2Cases cited32 opinions
- Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974
- United States v. United States Coin & CurrencySupreme Court of the United States · 1971
- Minneapolis & St. Louis Railroad v. BombolisSupreme Court of the United States · 1916
- Various Items of Personal Property v. United StatesSupreme Court of the United States · 1931
- People v. One 1941 Chevrolet CoupeCalifornia Supreme Court · 1951
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3Cited by2 opinions
- State v. One 1990 Honda AccordSupreme Court of New Jersey · 1998
- State v. One 1981 Chevrolet Monte CarloSupreme Judicial Court of Maine · 1999