State v. $126,053.00 U.S. Currency, Cellular & Radar Detector

595 So. 2d 1157, 1992 La. LEXIS 1412, 1992 WL 73095

Opinion

PER CURIAM.

Granted and remanded to the district court which is ordered to conduct an immediate evidentiary hearing on the forfeiture and to decide whether the state’s delay in filing a forfeiture proceeding or in holding a forfeiture trial violated the relator’s state or federal rights to due process of law in light of United States v. $8,850, 461 U.S. 555, 76 L.Ed.2d 143, 103 S.Ct. 2005 (1983); United States v. Banco Cafetero Panama, 797 F.2d 1154 (2d Cir.1986); see also D.B. Smith, Prosecution and Defense of Forfeiture Cases § 12.01 et seq. discussing undue delay in seeking forfeiture generally. Otherwise Denied.