COMMONWEALTH v. IRLAND

No. 448 C.D. 2015.

153 A.3d 469 (2017)

COMMONWEALTH of Pennsylvania v. Justen IRLAND; Smith and Wesson 9MM Semi-Automatic Pistol, Serial #PDW0493. Appeal of: Justen Irland.

Commonwealth Court of Pennsylvania.

Decided January 13, 2017.


Attorney(s) appearing for the Case

Sean A. Mott , Gettysburg, for appellant.

Adam J. Barr , Assistant District Attorney, Gettysburg, for appellee.

BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge, HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE ROBERT SIMPSON, Judge, HONORABLE P. KEVIN BROBSON, Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE ANNE E. COVEY, Judge, HONORABLE MICHAEL H. WOJCIK, Judge.


The dispositive question presented on appeal is whether the doctrine of common law forfeiture exists in Pennsylvania and can serve as a legal basis to allow the Commonwealth to forfeit any property with a "nexus" to a crime absent any statutory authority to do so. We conclude...

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