| | Brief Bank II: indexed by issue |
| | ***************************************************************************************************** |
| | Appeal | [ | 15 | ] |
| | ORIGINAL WRIT APPLICATION ON BEHALF OF RICHARD WOODS |
| | Unless supervisory and remedial writs are granted by this Court, petitioner will suffer |
| | irreparable injury in that he will be denied his rights under the 4th, 5th, and 14th |
| | amendment of the United States Constitution and his due process and property rights |
| | under the Louisiana Constitution. petition for writ of review arises out of an in rem |
| | proceeding brought by the State of Louisiana under the Seizure And Controlled |
| | Dangerous Substances Property Forfeiture Act of 1989. The claimant has been deprived |
| | of his property, without due process of law, as the State has failed to adjudicate this case |
| | within the 60 days as required by La.R.S. 40:2612 (G). The claimant desires to |
| | immediately have the release of his property to prevent further financial damage to his |
| | business and his person. The trial court denied the motion to dismiss and denied the |
| | claimant his right to an evidentiary hearing to decide whether the State's delay in holding |
| | a forfeiture trial violated the claimant’s state or federal rights to due process of law. |
| | From the denial of that motion the claimant sought supervisory review of the trial court’s |
| | actions. The appeals Court granted the claimant’s writ application and remanded the |
| | matter for an evidentiary hearing. The trial court then denied the claimant’s motion to |
| | dismiss with oral and written reasons. From that judgment the claimant seeks the |
| | appellate Court to assert supervisory authority to correct the error of law of the trial |
| | court. ISSUE TO BE REVIEWED: Whether the claimant’s motion to dismiss should be |
| | granted for failure of the claim of forfeiture to be heard within 60 days of service of the |
| | petition. |
| | by | Lemke III, Paul |
| | STATE OF | v. | $107,156.00 US CURRENCY | ( | ) |
| | LOUISIANA |
| | browser view: | BrowserView |
| | Word Perfect | WordPerfect |
| | MS_Word version: | available | MSWord |
| | RTF version: | RichTextFormat | [ | woodsWritBri | ] |
| | PDF version: | [ | 344 | ] |
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| | Monday, June 19, 2006 | Page 1 of 1 |
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