November 9th, 2012
Petitioner, respondent below, seeks reversal of the circuit court order forfeiting her real property under the Contraband Forfeiture Act, West Virginia Code §60A-7-701, et seq., on the grounds 1) that the State included facts in its motions for summary judgment that the parties had agreed it would not include, 2) that the forfeiture was an "excessive fine" under the United States and West Virginia Constitutions, and 3) that petitioner was not given an evidentiary hearing on whether the forfeiture was an "excessive fine."
