State Ex Rel. Zimmerman v. ONE BLACK FORD

1998 OK CIV APP 57, 960 P.2d 844
CourtCourt of Civil Appeals of Oklahoma
DecidedDecember 12, 1997
Docket87343
StatusPublished

This text of 1998 OK CIV APP 57 (State Ex Rel. Zimmerman v. ONE BLACK FORD) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Zimmerman v. ONE BLACK FORD, 1998 OK CIV APP 57, 960 P.2d 844 (Okla. Ct. App. 1997).

Opinion

960 P.2d 844 (1997)
1998 OK CIV APP 57

STATE of Oklahoma, ex rel., Miles ZIMMERMAN, District Attorney for the 23rd Judicial District, Plaintiff/Appellee,
v.
ONE BLACK WITH PURPLE TRIM FORD FLARESIDE TRUCK, et al., Defendants,
Peter D. Decker and Diana L. Decker, Respondents/Appellants.

No. 87343.

Court of Civil Appeals of Oklahoma, Division No. 3.

December 12, 1997.
Certiorari Denied April 21, 1998.

John E. Lee, III, Oklahoma City, for Appellants.

Sarah Hawxby, Chandler, for Appellee.

W.A. Drew Edmondson, Attorney General, Sandra D. Howard, Asst. Attorney General, Oklahoma City, Amicus Curiae.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

*845 OPINION

GARRETT, Judge:

¶ 1 Peter D. Decker and Diana L. Decker, owned a business known as Pete's Body Shop and Garage (Pete's), in Chandler, Oklahoma. A search warrant was issued for the search of the property at Pete's. As a result of the search, various items of personal property were seized. On December 19, 1994, Appellee filed an action to forfeit the personal property which had been seized, as well as the real property on which Pete's is located. Appellee alleged violations of the Oklahoma Motor Vehicle Chop Shop, Stolen and Altered Property Act (the Act), 47 O.S.1991 § 1501 et seq, specifically § 1505(A)(1), (2) and (3).[1] Notice was given. It stated, in part:

That said PROPERTY was used or intended to be used in any manner or part, to commit, or to facilitate the commission of a violation of the Motor Vehicle Chop Shop, Stolen, and Altered Property Act, on or about the 1st day of November, 1994, but not limited to this date, and that the District Attorney has been presented with sufficient evidence to show that the Property was instrumentality of a violation of the Motor Vehicle Chop Shop, Stolen, and Altered Property Act.

¶ 2 No criminal charges were filed. After a non-jury trial, the trial court found Appellants had violated the Act and ordered the property forfeited. This appeal followed.

I.

¶ 3 Appellants' first proposition is as follows:

The trial court erred in overruling the Appellants' motion to dismiss which argues the forfeiture provisions of the Motor Vehicle Chop Shop, Stolen and Altered Property Act are unconstitutional as being violative of the Appellants' right to trial by jury under Okla. Const. Art. 2, § 19.

¶ 4 Okla. Const. Art. 2 § 19 provides:

The right of trial by jury shall be and remain inviolate, except in civil cases wherein the amount in controversy does not exceed One Thousand Five Hundred Dollars ($1,500.00), or in criminal cases wherein punishment for the offense charged is by fine only, not exceeding One Thousand Five Hundred Dollars ($1,500.00). Provided, however, that the Legislature may provide for jury trial in cases involving lesser amounts. Juries for the trial of civil cases, involving more than Ten Thousand Dollars ($10,000.00), and felony criminal cases shall consist of twelve (12) persons. All other juries shall consist of six (6) persons. However, in all cases the parties may agree on a lesser number of jurors than provided herein.
In all criminal cases where imprisonment for more than six (6) months is authorized the entire number of jurors must concur to render a verdict. In all other cases three-fourths (3/4) of the whole number of jurors concurring shall have power to render a verdict. When a verdict is rendered by less than the whole number of jurors, the verdict shall be signed by each juror concurring therein.

¶ 5 Deckers argue that because the provisions of the Act provide for forfeiture of their property, the Act is penal in nature, and they are entitled to a jury trial. Since the Act does not provide for a jury trial, they contend, the Act is unconstitutional. They cite Austin v. United States, 509 U.S. 602, 113 S.Ct. 2801, 125 L.Ed.2d 488 (1993), which addresses the innocent owner defense within 21 U.S.C. §§ 881(a)(4) and (7), as authority that property forfeitures are more like punishment because they focus on the owner's culpability. Appellants also cite Keeter v. *846 State ex rel., Saye, 82 Okl. 89, 198 P. 866 (1921), as authority that the Oklahoma Constitution requires a jury trial before their property may be forfeited.

¶ 6 In response, Appellee argues that although § 1503[2] of the Act sets forth criminal penalties for violations of the Act, Appellants have not been charged with a crime; and, because this is a civil forfeiture proceeding, § 1505 of the Act is the applicable statute, Appellee contends that the necessary constitutional safeguards are contained in the statute, such as notice, the right to appear at a hearing, and the requirement that the State must prove by a preponderance of the evidence that the property was used in violation of the Act. Moreover, Appellee contends, Austin v. United States, supra, was distinguished by this Court in State ex rel., Theresa M. McGehee v. 1989 Ford F-150 Pickup, et al., 1994 OK CIV APP 162, 888 P.2d 1036, as inapplicable because it dealt with federal forfeiture statutes that the court concluded were primarily penal in nature, unlike the Act and Oklahoma's Controlled Dangerous Substance Act, which are remedial civil proceedings. Cf. State ex rel., Macy v. 1993 Honda Accord, VIN# JHMCB7656IC051166, 1996 OK CIV APP 153, 934 P.2d 376, and United States v. Ursery, 518 U.S. 267, 116 S.Ct. 2135, 135 L.Ed.2d 549 (1996), cited therein, which hold that in rem civil forfeitures are not punishment for purposes of the Double Jeopardy Clause because they do not impose punishment and are distinct from potentially punitive in personam civil penalties, such as fines.

¶ 7 In State ex rel., Wood v. Gold/Blue 1988 Chevrolet Blazer Bearing Kansas Tag IDL865, et al., 1996 OK CIV APP 86, 924 P.2d 792, this Court stated:

First, federal court cases construing federal forfeiture statutes, including opinions by the United States Supreme Court, are not controlling, or even helpful guidance, in construing Oklahoma forfeiture statutes, due to the fundamental difference in federal and state forfeiture law. See State ex rel. McGehee v. 1989 Ford F-150 Pickup, 888 P.2d 1036, 1037 (Okla.Ct.App.1994). Whereas the federal forfeiture statutes have been construed by federal courts to be primarily penal in nature based on the historical precedent underlying the federal law, Oklahoma's forfeiture statutes are grounded in the exercise of the state's police power and are primarily remedial in nature. Id. Oklahoma's forfeiture statutes operate "to abate past offending uses of property and to prevent future offending uses" and utilize funds derived from forfeitures to "make the sovereign whole for the detriment attributable to, or incurred in the abatement of, nuisance-like uses of property that are directly linked to the greater societal problem of drug abuse." Id. Accordingly, Oklahoma case law is to be accorded greater weight than federal case law in construing Oklahoma's forfeiture statutes.

¶ 8 The Oklahoma Supreme Court held in Keeter v. State ex rel. Saye,

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Related

Austin v. United States
509 U.S. 602 (Supreme Court, 1993)
United States v. Ursery
518 U.S. 267 (Supreme Court, 1996)
Pirkey v. State Ex Rel. Martin
1958 OK 153 (Supreme Court of Oklahoma, 1958)
White v. Wint
1981 OK 154 (Supreme Court of Oklahoma, 1981)
Keeter v. State Ex Rel. Saye, Co.
1921 OK 197 (Supreme Court of Oklahoma, 1921)
State ex rel. Macy v. 1990 Honda Accord, VIN JHMCB7656LCO51166
1996 OK CIV APP 153 (Court of Civil Appeals of Oklahoma, 1996)
State ex rel. Zimmerman v. One Black with Purple Trim Ford Flareside Truck
1998 OK CIV APP 57 (Court of Civil Appeals of Oklahoma, 1997)
Shawnee Nat. Bank v. United States
249 F. 583 (Eighth Circuit, 1918)

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Bluebook (online)
1998 OK CIV APP 57, 960 P.2d 844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-zimmerman-v-one-black-ford-oklacivapp-1997.