Skip to main content

In Re King Properties

Citations

  • 635 A.2d 128
  • 535 Pa. 321
  • 1993 Pa. LEXIS 303

How courts have described this case

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

  • holding that the application of the Forfeiture Act was at least in part punitive
  • holding that house purchased with cash by laid-off blacktopping worker and used to store large amounts of cash, drugs, and drug paraphernalia functioned as base of operations for drug business
  • explaining that Section 6802(j) allows a property owner to assert “that the property was not unlawfully used or possessed or that the owner was either ignorant of such unlawful use or possession or never consented to it” (emphasis added)
  • “[I]t shall be the Commonwealth’s burden to establish by clear and convincing evidence that the criminal conduct in question is not a onetime occurrence.”
  • when determining whether a forfeiture is grossly disproportionate, the Commonwealth bears the burden of proving, by clear and convincing evidence, that the criminal conduct in question establishes a relevant pattern rather than a onetime occurrence
  • explaining Excessive Fines Clause in relation to forfeiture matters

Source: CourtListener parenthetical corpus (CC0).

Judges: Nix, C.J., and Flaherty, Zappala, Papadakos, Cappy and Montemuro

Read full opinion on CourtListener

Cited by

32 cases in this archive cite this case; the 20 most cited are listed.

Other cases named In Re King Properties

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.