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STATE v. ONE 1990 HONDA ACCORD

154 N.J. 373 (1998)

712 A.2d 1148

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ONE 1990 HONDA ACCORD, NEW JERSEY REGISTRATION NO. HRB20D, VIN NO. 1HGCB7659LA063293 AND FOUR HUNDRED TWENTY DOLLARS, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 15, 1998.

Attorney(s) appearing for the Case

Richard W. Berg, Deputy Attorney General, argued the cause for appellant (Peter Verniero, Attorney General of New Jersey, attorney).

Elizabeth Macron argued the cause for respondent.

The opinion of the Court was delivered by POLLOCK, J.

At issue is whether the owner of property that is not prima facie contraband has a right to a jury trial in a forfeiture action under N.J.S.A. 2C:64-3f.

The Monmouth County Prosecutor brought a civil in rem action under N.J.S.A. 2C:64-1 to -9 ("Forfeiture Act"), seeking forfeiture of a 1990 Honda Accord owned by Lois McDermott. McDermott demanded a jury trial and counterclaimed...

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