2004 Chevrolet Pickup v. State, et al.


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Docket Number: 2006-CA-01104-COA
Linked Case(s): 2006-CA-01104-COA

Court of Appeals: Opinion Link
Opinion Date: 08-21-2007
Opinion Author: ISHEE, J.
Holding: Affirmed

Additional Case Information: Topic: Civil forfeiture - Owner of vehicle
Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ROBERTS AND CARLTON, JJ.
Procedural History: Bench Trial
Nature of the Case: Forfeiture

Trial Court: Date of Trial Judgment: 05-22-2006
Appealed from: Chickasaw County Circuit Court
Judge: Henry L. Lackey
Disposition: 2004 CHEVROLET PICKUP AWARDED TO NORTH MISSISSIPPI NARCOTICS UNIT IN FORFEITURE PROCEEDING
Case Number: 02004-027

  Party Name: Attorney Name:  
Appellant: 2004 CHEVROLET PICKUP




THOMAS M. BRAHAN



 

Appellee: STATE OF MISSISSIPPI AND NORTH MISSISSIPPI NARCOTICS UNIT J. TRENT KELLY  

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Topic: Civil forfeiture - Owner of vehicle

Summary of the Facts: The Chickasaw County Circuit Court found that the State of Mississippi and the North Mississippi Narcotics Unit proved by a preponderance of the evidence that Walter Hampton was a seller of illegal drugs; a 2004 Chevrolet Avalanche was owned by Hampton, Antonio Eddie being but a straw man; and the vehicle was purchased with funds from the proceeds of drug transactions. The court then ordered the vehicle forfeited to the NMNU. Antonio Eddie appeals.

Summary of Opinion Analysis: Eddie argues that he, not Hampton, is the true owner of the Avalanche. A number of facts support the court’s finding that the NMNU proved by a preponderance of the evidence that Hampton was the true owner and that the Avalanche was purchased from the proceeds of drug sales. Hampton went to the dealership to check out the truck and paid the initial cash for it. He paid for the vehicle and its extensive customization in cash. A number of witnesses testified that they saw Hampton driving the Avalanche all the time and that it was usually parked at his residence. In the glove compartment, the police found a number of receipts that indicated that Hampton had been paying for the maintenance on the truck. The NMNU had been investigating Hampton for drug trafficking since 2001. In 2003, the police arrested him following a traffic stop, during which marijuana and cocaine residue were discovered in the door of the Avalanche. After the stop, the police searched Hampton’s residence and discovered marijuana, scales, and an IOU list. At the time of trial, Hampton had pled guilty to a charge of possession of a controlled substance with intent to distribute and had another such charge pending against him. Based on this evidence, the trial court did not commit manifest error in finding that Hampton was the true owner of the Avalanche, that Eddie was merely a straw man, and that the truck was purchased with the proceeds of drug sales.


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