Legal Opinion
City of New Hope v. 1986 Mazda 626, License No. POC147
Court of Appeals of Minnesota
Decided April 16, 1996No. C6-95-1688PublishedCited by 12 opinions
1Opinion of the Court
OPINION
KLAPHAKE, Judge.
The City of New Hope (city) appeals the trial court’s dismissal of its motor vehicle forfeiture action brought under Minn.Stat. § 169.1217 (1994). The trial court concluded that forfeiture of the vehicle used by Lisa Ann Pishney while committing an aggravated DWI constituted a second punishment under the Minnesota and Federal Double Jeopardy Clauses because she had previously been convicted and sentenced for that aggravated DWI. We conclude that the motor vehicle forfeiture statute is rationally related to remedial purpose, does not constitute a second punishment for…
2Cases cited9 opinions
- United States v. HalperSupreme Court of the United States · 1989
- Department of Revenue of Mont. v. Kurth RanchSupreme Court of the United States · 1994
- United States v. One Assortment of 89 FirearmsSupreme Court of the United States · 1984
- State v. FullerSupreme Court of Minnesota · 1985
- Matter of BlilieSupreme Court of Minnesota · 1993
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- City of Albuquerque Ex Rel. Albuquerque Police Department v. One (1) 1984 White Chevy Ut., VIN 1G8CS18BXE8176575, New Mexico License No. 335-KRHNew Mexico Supreme Court · 2002
- Lukkason v. 1993 Chevrolet Extended Cab PickupCourt of Appeals of Minnesota · 1999
- City of Pine Springs v. One 1992 Harley Davidson, VIN: 1HD1DJL10NY510116, License No: 20438MCCourt of Appeals of Minnesota · 1996
- City of New Brighton v. 2000 Ford Excursion VIN 1FMNU43S2YEA74156Court of Appeals of Minnesota · 2001
- Hawes v. 1997 Jeep Wrangler, Vin No. 1J4FY29POVP493248, License No. 874 PDGCourt of Appeals of Minnesota · 1999
7 more not listed; retrieve them via the Exa API.