COM. v. ONE (1) 1984 Z-28 CAMARO COUPE


530 Pa. 523 (1992)

610 A.2d 36

COMMONWEALTH of Pennsylvania, Appellee, v. ONE (1) 1984 Z-28 CAMARO COUPE and Cheryl Stuck and Kenneth A. Stuck, Jr., Appellants.

Supreme Court of Pennsylvania.

Decided May 20, 1992.


Attorney(s) appearing for the Case

Peter T. Campana, Williamsport, David M. McGlaughlin, Philadelphia, for amicus, Pa. Assoc. of Crim. Defense Lawyers.

Robert B. Sacavage, Dist. Atty., Guy L. Ciarrocchi, Deputy Atty. Gen., Mary Benefield Seiverling, Harrisburg, for amicus, Atty. Gen.

Ronald Eisenberg, Deputy Dist. Atty., George S. Leone, Philadelphia, for amicus, Pa. D.A. Assoc.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS, and CAPPY, JJ.


OPINION OF THE COURT

FLAHERTY, Justice.

The issue raised by this case is whether the owner of property subject to forfeiture under the Controlled Substances Forfeitures Act1 is entitled to a jury trial pursuant to Article 1, § 6 of the Pennsylvania Constitution.2 For the reasons that follow, we hold that jury trials are required when demanded by claimants...

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