OHIO DEPT. OF NATURAL RESOURCES v. PRESCOTT

No. 87-1723.

42 Ohio St. 3d 65 (1989)

THE STATE OF OHIO, DEPARTMENT OF NATURAL RESOURCES, DIVISION OF WILDLIFE, APPELLEE, v. PRESCOTT, APPELLANT.

Supreme Court of Ohio.

Decided April 19, 1989.


Attorney(s) appearing for the Case

Anthony J. Celebrezze, Jr., attorney general, John McManus, Douglas O. Meyer, prosecuting attorney, and Pamela McKean, for appellee.

Cottrell & Cottrell and Stephen E. Cottrell, for appellant.


MOYER, C.J.

The sole issue presented by the defendant-appellant is whether a forfeiture proceeding conducted pursuant to R.C. Chapter 1531 is criminal in nature and whether the trial court must instruct the jury that a defendant is to be given a presumption of innocence.

For the reasons stated below, we hold that a forfeiture proceeding pursuant to R.C. 1531.20 is an in rem civil action.

The General Assembly has given the Ohio Department of...

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