State of Tennessee v. Judone A. Lee and William C. Waters

The State of Tennessee appeals as of right the Davidson County Criminal Court’s dismissal of the Appellees’ indictments for possession of cocaine with intent to sell or deliver. The trial court found that the Appellees’ protection against former jeopardy had been violated in that the Appellees had already been punished for their crimes by the State’s seizure of two vehicles used in the drug sale. The State argues on appeal that the civil forfeiture of the Appellees’ vehicles does not amount to punishment pursuant to the double jeopardy clauses of the United States and the Tennessee Constitutions. We agree and reverse the trial court.