2004 Chevrolet Pickup v. State, et al.
Docket Number: | 2006-CA-01104-COA Linked Case(s): 2006-CA-01104-COA |
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Court of Appeals: |
Opinion Link Opinion Date: 08-21-2007 Opinion Author: ISHEE, J. Holding: Affirmed |
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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 |
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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 |
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Appellee: | STATE OF MISSISSIPPI AND NORTH MISSISSIPPI NARCOTICS UNIT | J. TRENT KELLY |
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Synopsis provided by: If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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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