State of Tennessee v. Charles D. Sprunger

State of Tennessee v. Charles D. Sprunger
E2011-02573-SC-R11-CV

This appeal challenges the civil forfeiture of the appellant’s house after he was convicted of possessing child pornography on his home computer. We hold that, in forfeiture proceedings, the seizing authority is required to present affirmative proof that it complied with both the procedural and the substantive provisions of the applicable forfeiture statutes. In accord with prior decisions of this Court, we also hold that both the procedural and the substantive provisions of the forfeiture statutes must be strictly construed. The State in this case failed to show that it complied with the procedural requirements in the forfeiture
statutes. Therefore, we vacate the forfeiture.

Authoring Judge: 
Justice Holly Kirby
Originating Judge: 
Judge Ronald Thurman
Date Filed: 
Monday, March 9, 2015