| | Brief Bank II: indexed by issue |
| | ***************************************************************************************************** |
| | Speedy trial | [ | 37 | ] |
| | ORIGINAL WRIT APPLICATION ON BEHALF OF RICHARD WOODS |
| | The nature of the in rem action in [Louisianna state] title 40:2612, is based upon the legal |
| | fiction that the property itself is guilty of a crime or is proceeds of a crime, a forfeiture |
| | proceeding is an in rem action against the property. If Mr. Woods, instead of his |
| | property, were incarcerated without a trial date on only the basis of an affidavit, he |
| | would have a right to a speedy trial under Louisiana code of criminal procedure art 701. |
| | As such the State would have to either bring Mr. Woods to trial, within 120 day under |
| | Louisiana law, and present more evidence than an affidavit or show some just cause for |
| | continued delay in prosecution. In the case before this Court, Mr. Wood’s is not |
| | incarcerated, his property is. As such the same rational applies to his property as if he |
| | himself was the object of a criminal prosecution. Mr. Woods has asserted his right to |
| | have a speedy disposition of the claim on his property, this has been denied to him by the |
| | trial court. Mr. Wood’s property should be release from the seizure. |
| | 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: | [ | 342 | ] |
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