law-forfeiture
TEX. FORFEITURE CASE LAW
State of Texas v. $281,430, No. 08-0465 (Tex. May 14, 2010)(O'Neill)
(civil forfeiture case, truck driver failed to show entitlement to money hidden in truck and unclaimed
by owner)
THE STATE OF TEXAS v. $281,420.00 IN UNITED STATES CURRENCY; from Hidalgo County;
13th district (13-06-00158-CV, ___ SW3d ___, 04-03-08)
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice O'Neill delivered the opinion of the Court [pdf]
View E-Briefs in No. 08-0465 THE STATE OF TEXAS v. $281,420.00 IN UNITED STATES
CURRENCY
Eri Consulting Engineers, Inc. v. Swinnea, No. 07-1042 (Tex. May 7, 2010)(Green)
(equitable forfeiture as remedy for breach of fiduciary duty)
ERI CONSULTING ENGINEERS, INC. AND LARRY G. SNODGRASS v. J. MARK SWINNEA, BRADY
ENVIRONMENTAL, INC., AND MALMEBA COMPANY, LTD.; from Smith County;
12th district (12‑05‑00428‑CV, 236 SW3d 825, 08‑30‑07)
The Court affirms in part and reverses in part the court of appeals' judgment and remands the
case to that court.
Justice Green delivered the opinion of the Court. [pdf]
See Electronic Briefs in ERI CONSULTING ENGINEERS, INC. v. SWINNEA
08-0907
$43,774.00 U.S. CURRENCY AND 1997 MODEL PONTIAC GRAND PRIX, VIN
#1G2WP12K7V323349 v. THE STATE OF TEXAS; from Gregg County; 6th district (06-07-00126-
CV, 266 SW3d 178, 09-12-08)(forfeiture)
In an attempt to recover his money and his car, Raymond McKinney appeals forfeiture to the
State. McKinney has not been accused or charged with any drug-related crime, but his property
was confiscated by the State because it was determined to be contraband. On appeal, McKinney
contends the evidence is legally and factually insufficient to support the verdict ordering forfeiture.
We affirm the judgment of the trial court.
08-0356 .39 ACRES, .748 ACRES, AND .5 ACRES (WITH IMPROVEMENTS) IN THE J. JOHNSON
SURVEY, MARION COUNTY, TEXAS AND A .22 CALIBER RUGER SEMI-AUTOMATIC PISTOL v.
THE STATE OF TEXAS; from Marion County; 6th district (06-07-00101-CV, 247 SW3d 384, 02-29-
08, pet. denied June 2008) (forfeiture pursuant to Chapter 59 of the Texas Code of Criminal
Procedure)