STATE v. ONE SUPER CHERRY MASTER VIDEO

No. 01-0673.

102 S.W.3d 132 (2003)

STATE of Texas, Petitioner, v. ONE SUPER CHERRY MASTER VIDEO 8-LINER MACHINE, et al., Respondent.

Supreme Court of Texas.

Decided April 3, 2003.

Rehearing Denied May 8, 2003.


Attorney(s) appearing for the Case

Idolina Garcia, William F. Lewis, Jr., Jeffrey S. Boyd, Howard G. Baldwin, First Assistant Attorney General of Texas, Michael T. McCaul, Executive Assistance Attorney General, Office of the Attorney General of Texas, Julie Caruthers Parsley, Office of the Solicitor General of Texas, Austin, John Cornyn, United States Senate, Washington, DC, for Petitioner.

Eddie G. Shell, Burnet, Larry Zinn, San Antonio, Richard D. Davis, Austin, for Respondent.


Justice JEFFERSON delivered the opinion of the Court.

Today, in Hardy v. State, 102 S.W.3d 123 (Tex.2003), we held that although the State must establish probable cause before initiating a forfeiture proceeding, the person found in possession of an alleged gambling device has the burden to prove, by a preponderance of the evidence, at a show cause hearing either that the machine is not a gambling device or that the exclusion...

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