In re Forfeiture of Property of Astin

Citations

• 2018 Ohio 1723
• 111 N.E.3d 894

Syllabus

The trial court erred in dismissing Appellant's civil forfeiture action for failing to state a claim upon which relief can be granted. In dismissing the action, the trial court retroactively applied a recent amendment to the civil forfeiture statute, R.C. 2981.05. The amendment at issue prevents the State from pursuing civil forfeiture actions against persons who received, retained, or possessed proceeds derived from a criminal offense in amounts less than $15,000. The retroactive application of this provision was improper because the General Assembly did not expressly indicate that amended R.C. 2981.05 should apply retroactively. Reversed and remanded for further proceedings. (Froelich, J., dissenting.)