Commonwealth v. Pomerantz

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• denying return of property where petitioner did not meet his burden but refusing to grant forfeiture because the Commonwealth never petitioned for -6- J-A21022-23 it
• expressing no opinion on the merits of a forfeiture action because no forfeiture petition had been filed or orally presented to the trial court
• distinguishing a forfeiture action, which places an initial burden on the Commonwealth, from a motion for return of property, where the initial burden rests with the movant
• averment in motion for return of property insufficient to sustain burden of proof where motion not offered into evidence
• averment in motion insufficient to sustain burden of proof where motion not offered into evidence
• if the Commonwealth does not file a petition for forfeiture, a court has no authority to order forfeiture in response to a motion under Pa. R.Crim. P. 324 for the return of property

Source: CourtListener parenthetical corpus (CC0).