Harbin v. Commonwealth’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]t is clear from the language contained in KRS 218A.410, that the Legislature intended for an individual to be afforded the basic constitutional protections of due process prior to forfeiture of otherwise legal property. We fail to discern any other reason why KRS 218A.410(l)(j) would place the burden on a claimant to rebut by clear and convincing evidence the presumption that the property, in this case [the yellow scooter], is forfeitable. Further, KRS 218A.460 expressly provides that the claimant to ... personal property has the burden to prove by a preponderance of the evidence that it is not subject to forfeiture.”

   1 later decision quote this exact passage · from the majority
   e.g. Olden v. Commonwealth

2. “notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections,” and an evidentiary hearing at which the trial court must determine if the property is sufficiently tainted by the criminal act to be subject to forfeiture, and whether the forfeiture is grossly disproportionate to the particular offense. . KRS 533.030(3)(d) clarifies that damages beyond the amount of restitution ordered by the court may be sought in a civil action. . KRS 534.030(1) provides,”

   1 later decision quote this exact passage · from the majority
   e.g. Jones v. Commonwealth

3. “The final order of forfeiture by the court shall perfect in the Commonwealth or appropriate law enforcement agency, as provided in KRS 218A.420, right, title, and interest in and to the property.”

   1 later decision quote this exact passage · from the majority
   e.g. Barnes v. Commonwealth