State v. Sprunger

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After law enforcement officers discovered child pornography on Defendant’s home computer, Appellant was found guilty of felony sexual exploitation of a minor by knowingly possessing over 100 images of child pornography. The State then filed a complaint for judicial forfeiture against Appellant. Because foreclosure proceedings were already underway, the trial court enjoined the mortgage lender from disbursing to Appellant any excess proceeds from the anticipated foreclosure sale. After Appellant’s home was sold at auction and a trial was held on the complaint for forfeiture, the trial court ordered forfeiture of the proceeds from the sale of Appellant’s home. The court of appeals affirmed. The Supreme Court reversed, holding (1) in forfeiture proceedings, the seizing authority is required to present affirmative proof that it complied with both the procedural and the substantive requirements in the forfeiture statutes; (2) both the procedural and the substantive provisions of the forfeiture statutes must be strictly construed; and (3) the State in this case failed to show that it complied with the procedural requirements in the forfeiture statutes. View "State v. Sprunger" on Justia Law