Legal Opinion

Four Thousand Eight Hundred One Dollars v. Lafayette County Metro Narcotics Unit

Court of Appeals of Mississippi

Decided December 1, 2009No. 2008-CA-02126-COAPublishedCited by 2 opinions

1Opinion of the Court

IRVING, J.,

for the Court.

¶ 1. This appeal arises from the Lafayette County Circuit Court’s order of forfeiture of $4,801 from Derek Nations. Aggrieved by the judgment, Nations appeals and asserts: (1) that a “close proximity” presumption does not apply in this case; (2) that if such a presumption exists, it was rebutted; and (3) that the State did not prove that the seized money was possessed “for the purposes of facilitating an illegal narcotics scheme.”

¶ 2. Finding no reversible error, we affirm.

FACTS

¶ 3. Nations was under indictment for selling marijuana on December 2, 2008, when he sold…

2Cases cited12 opinions

  1. McClendon v. StateMississippi Supreme Court · 1989
  2. Leatherwood v. StateMississippi Supreme Court · 1989
  3. Jones v. STATE EX REL. MISSISSIPPI DPSMississippi Supreme Court · 1991
  4. Bozman v. Office of Fin., Balto. Co.Court of Appeals of Maryland · 1983
  5. Hickman v. State ex rel. Mississippi Department of Public SafetyMississippi Supreme Court · 1991

7 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Apolinar Terrero Ruiz v. State of MississippiCourt of Appeals of Mississippi · 2016
  2. Apolinar Terrero Ruiz v. State of MississippiCourt of Appeals of Mississippi · 2016

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