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Alabama Law Blog

Civil Procedure: Forfeiture

08 Aug 2012

On February 28, 2009, the State of Alabama filed a Complaint seeking the forfeiture of $7,170,00 in cash seized from Gardner Carlisle. The Complaint alleged that the currency was furnished or intended to be furnished in exchange for a controlled substance in violation of Alabama law, and /or was proceedings of a controlled substance exchange. Carlisle died on June 12, 2009, and on August 20, 2009, the State filed a Suggestion of Death. The Estate of Carlisle filed a Notice of Substitution of Party. After a hearing was conducted, the trial court entered a Judgment ordering the forfeiture of the seized currency to the Estate. The State appealed, reversed. The court held that there was no evidence that the money seized was directly related to a controlled buy. The evidence of previous drug activity in this case is not specific enough to connect the seized $7,170.00 to such activity. There was no evidence regarding how much Carlisle received for the pills he sold at his residence. There was no evidence presented to dispute Carlisle’s explanation as to the sources of his money. In this case, the evidence was insufficient to connect the money that was seized to illegal drug activity. The judgment of the trial court was due to be reversed.



 

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WE HANDLE CASES IN THE FOLLOWING STATES AND NATIONALLY: WE HAVE HANDLED CASES IN ALL 67 COUNTIES IN ALABAMA INCLUDING BUT NOT LIMITED TO: BIRMINGHAM, ALABAMA, HUNTSVILLE, ALABAMA, FLORENCE, ALABAMA, MONTGOMERY, ALABAMA MOBILE, ALABAMA, DECATUR, ALABAMA, CULLMAN, ALABAMA, DAPHNE, ALABAMA, FAIRHOPE, ALABAMA, ORANGE BEACH, ALABAMA, GULF SHORES, ALABAMA, PANAMA CITY, FLORIDA, JACKSONVILLE, FLORIDA, FT. LAUDERDALE, MIAMI, GULFPORT.

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