# State v. Deville

> Louisiana Court of Appeal · February 28, 1994 · 632 So. 2d 1221

URL: https://www.frixlaw.com/law-library/cases/7678333

## Case

- **Full name:** STATE of Louisiana v. 1979 CADILLAC DEVILLE and $24.00 U.S. Currency Seized from Frank L. Wilson
- **Court:** Louisiana Court of Appeal
- **Decided:** February 28, 1994
- **Citations:** 632 So. 2d 1221; 1994 La. App. LEXIS 428; 1994 WL 58418
- **Precedential status:** Published
- **Opinion:** Concurrence by Sexton
- **Judges:** Hightower, Lindsay, Norris, Sexton, Victory
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7678333

## How later opinions describe it (automated extraction)

- finding civil forfeiture pursuant to drag conviction to qualify as punishment
- finding civil forfeiture pursuant to drug conviction to qualify as punishment

## Opinion text

SEXTON, Judge,
concurring.
I agree with the holding in this opinion that Austin v. United States, — U.S. -, 113 S.Ct. 2801 , 125 L.Ed.2d 488 (1993), and United States v. Halper, 490 U.S. 435 , 109 S.Ct. 1892 , 104 L.Ed.2d 487 (1989), require a determination that a subsequent civil forfeiture by a sovereign that has previously obtained a criminal conviction amounts to double jeopardy under the United States Constitution. Try as I might, I have been unable to intellectually avoid these United States Supreme Court holdings in my consideration of the instant case.
There are obvious ways to avoid the Austin/Halper mandate, but implementation will take time. Thus, there will once again be significant disruption in the asset forfeiture process as a result of what I suggest are *1230 intellectual gymnastics. Nevertheless, from a practical standpoint, we will eventually return to the present situation with little, if any, theoretical advancement of the law.
I, therefore, reluctantly agree with this opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7678333. Public record. Not legal advice.