Dean v. State (Signed Opinion)
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As a result of a criminal investigation, Petitioner and others were arrested at Petitioner's home. Petitioner was prosecuted in federal court. The State filed a petition for forfeiture of the property owned by Petitioner. Petitioner later pleaded guilty to several drug offenses. The State then filed a summary judgment motion in the forfeiture action, which the circuit court granted. The Supreme Court reversed the circuit court's grant of summary judgment and its determination that the Excessive Fines Clause in the West Virginia and U.S. Constitutions were not violated. Because the Court was unable to assess whether the forfeiture of Petitioner's real property in this case violated the Excessive Fines Clause in the West Virginia Constitution and the Eighth Amendment to the U.S. Constitution, the case was remanded for further development of the record.
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