Supreme Court of Pennsylvania· 12/15/1993
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 CourtListenerCited by
32 cases in this archive cite this case; the 20 most cited are listed.
- Commonwealth v. Eisenberg, M., ApltSupreme Court of Pennsylvania· 2014-08-19· cited 206×
- Thorp v. State of Ga.Supreme Court of Georgia· 1994-12-05· cited 43×
- Stuart v. STATE OF TENNESSEE DEPT. OF SAFETYTennessee Supreme Court· 1998-03-02· cited 41×
- Commonwealth v. 1997 Chevrolet & Contents Seized From YoungSupreme Court of Pennsylvania· 2017-05-25· cited 36×
- Aravanis v. Somerset CountyCourt of Appeals of Maryland· 1995-09-13· cited 27×
- Commonwealth v. Wingait FarmsSupreme Court of Pennsylvania· 1997-02-26· cited 26×
- Commonwealth v. 1997 ChevroletCommonwealth Court of Pennsylvania· 2014-12-17· cited 21×
- United States v. One Parcel Property Located at 427 & 429 Hall StreetM.D. Alabama· 1994-05-19· cited 20×
- City of Worthington Police Department v. One 1988 Chevrolet Berreta, Maroon in Color, Bearing License 520 CLF, & Bearing VIN 1G1LV1412JE6227125Court of Appeals of Minnesota· 1994-05-24· cited 16×
- ONE (1) 1979 FORD 15V v. StateMississippi Supreme Court· 1998-08-27· cited 14×
- Commonwealth v. $26,556.00 Seized From PolidoroCommonwealth Court of Pennsylvania· 1996-02-29· cited 14×
- Commonwealth v. All that Certain Parcel & Lot of Land Located At 4029 Beale Avenue, Altoona, Blair CountySupreme Court of Pennsylvania· 1996-07-18· cited 14×
- Com. v. REAL PROPERTY AND IMPROVEMENTSCommonwealth Court of Pennsylvania· 2006-01-06· cited 13×
- Boyd v. HickmanCourt of Special Appeals of Maryland· 1997-02-21· cited 13×
- Commonwealth v. SchillCommonwealth Court of Pennsylvania· 1994-06-07· cited 12×
- Commonwealth v. Wingait FarmsCommonwealth Court of Pennsylvania· 1995-05-08· cited 10×
- Commonwealth v. $23,320.00 U.S. CurrencyCommonwealth Court of Pennsylvania· 1999-07-02· cited 10×
- SAS, Inc. v. Commonwealth, State Police, Bureau of Liquor Control EnforcementCommonwealth Court of Pennsylvania· 1994-02-28· cited 8×
- Commonwealth v. MitchellCommonwealth Court of Pennsylvania· 2003-10-20· cited 6×
- Commonwealth v. SmothersCommonwealth Court of Pennsylvania· 2007-03-09· cited 5×
Other cases named In Re King Properties
1 other CourtListener record shares this case name.
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