Cited by

Opinions in Louisiana that cite State v. Manuel, 426 So. 2d 140.

26 citing documents.

State of Louisiana Versus David Mayfield La. Ct. App. 5th Cir. 2023
State v. Edwards 787 So. 2d 981 La. 2001
this Court upheld the constitutionality of the drug forfeiture statute in place at the time, La.
State v. Edwards 752 So. 2d 395 La. Ct. App. 1st Cir. 2000
which interpreted the constitutional provisions before the 1989 amendment, as follows: A statute authorizing the forfeiture of a person's property must in substance and application conform with several provisions of our state constitution.
State v. Lamb 732 So. 2d 1270 La. Ct. App. 2d Cir. 1999
State v. Giles 697 So. 2d 699 La. Ct. App. 2d Cir. 1997
at 517 at 144 (La.1983).
State v. Perez 686 So. 2d 114 La. Ct. App. 1st Cir. 1996
*117 The Louisiana Supreme Court, explained that there are two kinds of property which may be classified as contraband: Things which intrinsically are illegal to possess and are therefore insusceptible of ownership are categorized as contraband per se.
State v. Clark 670 So. 2d 493 La. Ct. App. 3d Cir. 1996
State v. Johnson 667 So. 2d 510 La. 1996
State v. 1971 Green GMC Van
Succession of Lauga 624 So. 2d 1156 La. 1993
State v. Seventeen Thousand Five Hundred Dollars ($17,500) Cash 609 So. 2d 978 La. Ct. App. 1st Cir. 1992
the Court considered an earlier forfeiture statute.
State v. Davis 580 So. 2d 1046 La. Ct. App. 1st Cir. 1991
State v. Mobley 568 So. 2d 1368 La. Ct. App. 1st Cir. 1990
(procedure to traverse attorney-client privilege); (procedure for challenging the forfeiture of a motor vehicle); State v. Eros Cinema, Inc., 262 La.
State v. Hunt 568 So. 2d 1104 La. Ct. App. 2d Cir. 1990
15:1352 et seq.; (applying a different forfeiture statute).
Hondroulis v. Schumacher 546 So. 2d 466 La. 1989
State v. Johnson 548 So. 2d 339 La. Ct. App. 1st Cir. 1989
State v. Douglas 541 So. 2d 285 La. Ct. App. 1st Cir. 1989
State v. Bordelon 538 So. 2d 1087 La. Ct. App. 3d Cir. 1989
State v. North 520 So. 2d 1240 La. Ct. App. 5th Cir. 1988
State v. Spooner 520 So. 2d 336 La. 1988
we conclude that the property owner cannot be required to disprove a presumption that his property is contraband.
State v. Schrader 518 So. 2d 1024 La. 1988
Similar analysis, focusing on the requirement that the defendant show actual serious prejudice, -148 (La.1983) (4 month delay in drug prosecution); -465 (La.
Greenburg v. One Hundred Seventy-Five Thousand Dollars in Cash 517 So. 2d 430 La. Ct. App. 1st Cir. 1987
State v. Spooner 505 So. 2d 230 La. Ct. App. 1st Cir. 1987
In support of this argument, the Louisiana Supreme Court refers to a forfeiture proceeding as quasi-criminal in character and concluded that in such a proceeding the State is required to prove the grounds for forfeiture beyond a reasonable doubt.
State v. Green 493 So. 2d 588 La. 1986
1985); Sutherland Stat Const § 44.17 (4th Ed).
State v. Traylor 467 So. 2d 875 La. Ct. App. 2d Cir. 1985
See State v. 1971 Green GMC Van, which held that the failure of a predecessor forfeiture statute to require criminal conviction before forfeiture to be a major statutory infirmity, which held that the defects of the prior statute were cured by the current statute.
State v. Cook 460 So. 2d 1075 La. Ct. App. 2d Cir. 1984
State v. Bradley 446 So. 2d 803 La. Ct. App. 1st Cir. 1984
requires these four things: (1) a proceeding be held prior to the forfeiture with notice and an opportunity to be heard, (2) that the taking not be arbitrary or unreasonable, (3) that there be proof beyond a reasonable doubt of the grounds for forfeiture, and (4) that the seizure be made upon probable cause.