section 169 subject to forfeiture (Minnesota) · Go Syfert
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section 169 subject to forfeiture in Minnesota

6 Minnesota opinions name it 2 courts 2002–2017 0 in the last five years

The cases below were cited by Minnesota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
In Re Disciplinary Action Against Rebeaugreen
minn · 2010 · cited in 1 Minnesota opinions naming this issue, 2017–2017
2 sentences

2017We are not persuaded otherwise by the city’s reference to In re Disciplinary Action Against Rebeau, 787 N.W.2d 168, 172 (Minn.2010), In that attorney-discipline case, the supreme court recounted that, after the forfeiting agency instituted a forfeiture under section 169A.63, the attorney’s client pleaded guilty to second-degree drunk driving and “[a]s a result, both the title to the vehicle and the insurance proceeds for the damages to the vehicle vested in the Sheriffs Office.” Rebeau, 787 N.W.2d at 172 .

2017We are not persuaded otherwise by the city’s reference to In re Disciplinary Action Against Rebeau, 787 N.W.2d 168, 172 (Minn.2010), In that attorney-discipline case, the supreme court recounted that, after the forfeiting agency instituted a forfeiture under section 169A.63, the attorney’s client pleaded guilty to second-degree drunk driving and “[a]s a result, both the title to the vehicle and the insurance proceeds for the damages to the vehicle vested in the Sheriffs Office.” Rebeau, 787 N.W.2d at 172 .

11
State v. Brooksgreen
minn · 2000 · cited in 1 Minnesota opinions naming this issue, 2013–2013
1 sentence

2013State v. Brooks, 604 N.W.2d 345, 348 (Minn.2000).

11
Bondy v. Allengreen
minnctapp · 2001 · cited in 1 Minnesota opinions naming this issue, 2009–2009
1 sentence

2009“An appellate court is not bound by, and need not give deference to, the district court’s decision on a question of law.” Bondy v. Allen, 635 N.W.2d 244, 249 (Minn.App.2001) (citing Frost-Benco Elec.

11
Farmers & Merchants State Bank of Pierz v. Bosshartgreen
minn · 1987 · cited in 1 Minnesota opinions naming this issue, 2009–2009
2 sentences

2009See Farmers & Merchants State Bank, 400 N.W.2d 739, 743 (Minn.1987) (examining provision at issue, which related to insurance agent liability, and other insurance provisions in determining whether repugnancy exception is met).

2009See Farmers & Merchants State Bank, 400 N.W.2d 739, 743 (Minn.1987) (examining provision at issue, which related to insurance agent liability, and other insurance provisions in determining whether repugnancy exception is met).

11
Hawes v. 1997 Jeep Wrangler, Vin No. 1J4FY29POVP493248, License No. 874 PDGgreen
minnctapp · 1999 · cited in 1 Minnesota opinions naming this issue, 2002–2002
1 sentence

2002“Absent good reason, we will apply federal interpretations to a state constitutional provision with ‘almost identical’ language to the federal.” Hawes v. 1997 Jeep Wrangler, 602 N.W.2d 874, 877 (Minn.App.1999) (quotation omitted). *15 When a DWI offender has a BAC of more than .20 and has a prior DWI conviction within the past ten years, the offender’s vehicle is subject to forfeiture pursuant to Minn.Stat. § 169A.63, subd. 6 (2000).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Schug v. $9,916.50 IN US CURRENCY green
minnctapp · 2003
1 sentence

2017The city urges us to hold that “right, title, and interest” in a vehicle forfeited under section 169A.63 includes insurance proceeds as representative of the forfeited vehicle, even though section 169A.63 does not include the broad language of section 609.5312, It argues that our holding in Schug, 669 N.W.2d at 384 , which authorized the forfeiture of insurance funds as proceeds of a crime under section 609.5312, applies also to impaired-driver forfeiture under section 169A.63.

12017–2017
Mastakoski v. 2003 Dodge Durango, VIN 1D8HS78Z13F530764 green
minnctapp · 2007
1 sentence

2013In Mastakoski v. 2003 Dodge Durango, 738 N.W.2d 411 (Minn.App.2007), review denied (Minn. Nov. 21, 2007), this court held that a vehicle is subject to forfeiture under Minn. Stat. § 169A.63 if it was used in the commission of a designated offense, even if the driver was not convicted of a designated offense.

12013–2013

Statutes the citing opinions construe

MN § Minn. Stat. § 169A.63 (6) MN § Minn. Stat. § 169A.20 (5) MN § Minn. Stat. § 169A.25 (4) MN § Minn. Stat. § 169A.03 (3) MN § Minn. Stat. § 645.16 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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