Commonwealth v. 1997 Chevrolet
Pennsylvania Commonwealth Court
106 A.3d 836 (2014)
- Written by Darius Dehghan, JD
Facts
Donald Graham was arrested for selling marijuana. The maximum penalty for Graham’s criminal offense was $80,000. Elizabeth Young, Graham’s mother, was not arrested for any crime. Young owned a house (defendant) and a 1997 Chevrolet minivan (defendant). The house’s value was $54,000, and the vehicle’s value was not established. The state (plaintiff) filed a petition for the civil forfeiture of Young’s house and vehicle, contending that the property was involved in Graham’s crime. The state did not identify the actual penalty imposed on Graham. Further, the state did not produce evidence regarding the specific harm caused by Graham’s sale of marijuana. The trial court granted the state’s petition, finding that civil forfeiture of Young’s house and vehicle was permitted by the Eighth Amendment of the United States Constitution. In making its decision, the trial court did not consider whether Young’s house and vehicle were instrumental to the commission of Graham’s offense. Young appealed.
Rule of Law
Issue
Holding and Reasoning (Leavitt, J.)
Dissent (Simpson, J.)
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