Legal Opinion

State v. Franklin

Court of Appeals of Oregon

Decided August 11, 1980No. 77-209, CA 15930Published

1Opinion of the CourtSchwab, C. J.

Claimant, Leon Wilson, appeals from an order forfeiting his automobile based upon the conviction of Vemell Franklin for transporting heroin in the automobile and based upon the finding, made at the conclusion of the forfeiture hearing, that "the vehicle owned by [claimant] was being used [by Franklin] with the knowledge and knowing consent of [claimant] for the unlawful transportation * * * of * * * heroin.” We reverse because the state failed to comply with a statutory requirement that claimant be given certain notice after his automobile was seized.

On April 5, 1977, Vemell Franklin was…

2Cases cited2 opinions

  1. Stroh v. State Accident Insurance FundOregon Supreme Court · 1972
  2. State ex rel. Robinett v. SmithCourt of Appeals of Oregon · 1977

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