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Posts tagged "forfeiture"

Right to Bond is Subject to Forfeiture

Bond or bail must be set, in some amount, for anyone charged with a non-capital crime in Tennessee. Charged individuals retain a legal presumption of innocence until there is a judicial determination of guilt. The Tennessee Supreme Court has recently decided that it is a right subject to forfeiture upon a violation of the conditions of bond. This reverses a contrary holding by the Court of Criminal Appeals in December 2014. The Supreme Court ruling, in State of Tennessee v. Latickia Tashay Burgins, E2014-02110-SC-R8-CO, determined that a trial court may hold a defendant without bond after a finding that the defendant has violated bond conditions. Of course, that finding does require an evidentiary hearing to ensure due process (and evidentiary rules for the proceeding are also defined in the Burgins opinion).

Right to Bond is Subject to Forfeiture

Bond or bail must be set, in some amount, for anyone charged with a non-capital crime in Tennessee. Charged individuals retain a legal presumption of innocence until there is a judicial determination of guilt. The Tennessee Supreme Court has recently decided that it is a right subject to forfeiture upon a violation of the conditions of bond. This reverses a contrary holding by the Court of Criminal Appeals in December 2014. The Supreme Court ruling, in State of Tennessee v. Latickia Tashay Burgins, E2014-02110-SC-R8-CO, determined that a trial court may hold a defendant without bond after a finding that the defendant has violated bond conditions. Of course, that finding does require an evidentiary hearing to ensure due process (and evidentiary rules for the proceeding are also defined in the Burgins opinion).

Right to Bond is Subject to Forfeiture

Bond or bail must be set, in some amount, for anyone charged with a non-capital crime in Tennessee. Charged individuals retain a legal presumption of innocence until there is a judicial determination of guilt. The Tennessee Supreme Court has recently decided that it is a right subject to forfeiture upon a violation of the conditions of bond. This reverses a contrary holding by the Court of Criminal Appeals in December 2014. The Supreme Court ruling, in State of Tennessee v. Latickia Tashay Burgins, E2014-02110-SC-R8-CO, determined that a trial court may hold a defendant without bond after a finding that the defendant has violated bond conditions. Of course, that finding does require an evidentiary hearing to ensure due process (and evidentiary rules for the proceeding are also defined in the Burgins opinion).

Forfeiture Against Home Valid in Sexual Exploitation Case

Tennessee law allows for the forfeiture of property used to facilitate the commission of crimes. Judicial forfeiture is a civil proceeding against property, though it typically arises out of circumstances which are also the subject of a criminal proceeding against a person. In the recent Tennessee case of State v. Sprunger, E2011-02573-COA-R3-CV (Tenn.App. 8-26-2013), the Court of Appeals affirmed a trial court ruling seizing a home where the Defendant had operated a computer he used to commit the offense of sexual exploitation of a minor.

Forfeiture Against Home Valid in Sexual Exploitation Case

Tennessee law allows for the forfeiture of property used to facilitate the commission of crimes. Judicial forfeiture is a civil proceeding against property, though it typically arises out of circumstances which are also the subject of a criminal proceeding against a person. In the recent Tennessee case of State v. Sprunger, E2011-02573-COA-R3-CV (Tenn.App. 8-26-2013), the Court of Appeals affirmed a trial court ruling seizing a home where the Defendant had operated a computer he used to commit the offense of sexual exploitation of a minor.

Forfeiture Against Home Valid in Sexual Exploitation Case

Tennessee law allows for the forfeiture of property used to facilitate the commission of crimes. Judicial forfeiture is a civil proceeding against property, though it typically arises out of circumstances which are also the subject of a criminal proceeding against a person. In the recent Tennessee case of State v. Sprunger, E2011-02573-COA-R3-CV (Tenn.App. 8-26-2013), the Court of Appeals affirmed a trial court ruling seizing a home where the Defendant had operated a computer he used to commit the offense of sexual exploitation of a minor.

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