Arkansas is the perfect place to try out this new health trend. Read all about the what, why, where and how here.
Espinoza argued that forfeiture is “quasi-criminal,” and would be subject to the state’s rules of criminal procedure, which grant up to 30 days to file post-trial motions.Forfeiture cases are big money makers in Arkansas. Law officers siezed more than $80 million and more than 9,500 vehicles in Arkansas between 2000 and 2014, the Institute reported.
But the appellate court instead ruled that civil forfeiture cases must follow the state’s civil procedure rules, which only allow 10 days after judgment to file motions “to vacate, alter, or amend the judgment.” In short, he was too late in filing. Since Espinoza’s motion was “untimely,” the Court of Appeals dismissed his appeal.
“Although I agree that our court is proceduraly barred from hearing this appeal,” Judge Waymond Brown wrote in a brief, engaged concurrence, “I cannot see why the trial judge would decide to follow through with the forfeiture of Mr. Espinoza’s $19,894, when the charging agency moved to dismiss without prejudice believing it lacked the evidence to confiscate the money.”
“Unsubstantiated suspicions are not just cause for circumventing established judicial practices,” he added.
i wish him luck. We Democrats in Arkansas have a long way to go before…
Democratic House Minority Leader, PVNasby.
Who is Gray?