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IN RE FORFEITURE OF $234,200

Docket No. 173498.

551 N.W.2d 444 (1996)

217 Mich. App. 320

In re FORFEITURE OF $234,200.

Court of Appeals of Michigan.

Decided June 21, 1996, at 9:15 a.m.

Released for Publication August 12, 1996.

Attorney(s) appearing for the Case

Norman W. Donker, Prosecuting Attorney, and Michael S. Wolsh, Assistant Prosecuting Attorney, for the people.

James C. Thomas, Detroit, for Weller and Dorothy Tufnell.

Before MARKEY, P.J., and HOLBROOK, and M.J. MATUZAK, JJ.

PER CURIAM.

This case presents an issue of first impression in this state: Does an heir of a decedent or the personal representative of the decedent's estate, which includes personal property that was seized under M.C.L. § 333.7521; M.S.A. § 14.15(7521) after the decedent's death, have standing to assert an innocent owner defense against the in rem forfeiture? We answer this question in the affirmative.

I

Michael Tufnell was killed on August...

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