Bickers v. State

CARVER, Justice.

Michael George Bickers appeals a summary judgment in favor of the State forfeiting his interest in a Mercedes automobile because it was used to transport contraband cocaine. We hold that a plea bargain made by Bickers in his criminal case, which bargain included a consent to the forfeiture of his car in this companion civil case, did not warrant a summary judgment for the State when Bickers contested the summary judgment with an affidavit that the car did not transport contraband cocaine.

The record reflects that Bickers was arrested on July 21, 1980, and charged in a criminal…