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HARDY v. STATE

No. 01-0779.

102 S.W.3d 123 (2003)

Milton Wayne HARDY and Lovell Green Hardy, Individually and d/b/a Game Time Amusements, Petitioner, v. The STATE of Texas, Respondent.

Supreme Court of Texas.

Decided April 3, 2003.

Rehearing Denied May 8, 2003.

Attorney(s) appearing for the Case

Barry K. Bishop, Marnie Ann McCormick, Clark Thomas & Winters, Austin, for Petitioners.

Idolina Garcia, William F. Lewis, Jr., Office of the Attorney General, Howard G. Baldwin, First Assistant Attorney General of Texas, Michael T. McCaul, Executive Assistant Attorney General, Julie Caruthers Parsley, Office of the Solicitor General of Texas, Austin, Stuart Michael Madison, Bill J. Moore, Assistant County Attorneys, Cleburne, John Cornyn, United States Senate, Washington, DC, for Respondent.

Justice JEFFERSON delivered the opinion of the Court.

This is a civil forfeiture case. The State of Texas seized, among other things, twenty gaming machines, commonly known as eight-liners, while executing a search warrant at Game Time Amusements in Burleson, Texas. Milton Wayne Hardy and Lovell Green Hardy, owners of Game Time Amusements, filed a petition seeking return of the seized items, contending that the State could...

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