Osborne v. Commonwealth

LAMBERT, Justice.

This Court granted appellant’s motion for discretionary review of the Court of Appeals opinion affirming the trial court’s order forfeiting currency and a motor vehicle pursuant to KRS 218A.410. Appellant does not challenge the forfeiture on grounds that allocation of burden of proof or any aspect of the statute is constitutionally infirm. Therefore, our inquiry will be limited to a proper construction of the statute and its application to the facts presented in the trial court.

In the course of a drug raid upon. a trailer home inhabited by Donald Kimberly and Arlene Osborne,…