7/21/17, Court of Appeals (Darden) – To gain return of property seized during an investigation, a person must prove by a preponderance that he is the rightful owner.
D was convicted of trespass and possession of a firearm, both misdemeanors. After trial, he filed for return of the gun and presented several witnesses that the gun had belonged to his father, then went to his mother when dad died. The State presented evidence the gun had been stolen in Texas. However, the State’s witness also acknowledged there was an apparent clerical error with the gun’s serial number, and that Texas authorities had failed to cooperate with any information about the gun. The trial court denied return of the gun, but this was reversed by the Court of Appeals as not supported by the evidence.
- Posted by justin
- On August 23, 2017
- 0 Comments