668 So. 2d 822 - Jester v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““An owner’s or bona fide lienholder’s interest in any type of property other than real property and fixtures shall be forfeited under this section unless the owner or bona fide lienholder proves both that the act or omission subjecting the property to forfeiture was committed or omitted without the owner’s or lienholder’s knowledge or consent and that the owner or lienholder could not have obtained by the exercise of reasonable diligence knowledge of the intended illegal use of the property so as to have prevented such use.””

   2 later decisions quote this exact passage
   e.g. Hildreth v. State · State v. Pressley

2. “' J. White R. Summers, Uniform Commercial Code , § 23-3 at 905 (2d ed. 1980), as quoted in In re Owensboro Canning Co. , 82 B.R. 450 , 453-54 (Bankr.W.D.Ky. 1988) (emphasis and brackets added by the bankruptcy court).”

   2 later decisions quote this exact passage
   e.g. State v. Pressley · 719 So. 2d 210 - Yeager v. General Motors Acceptance Corp.

3. ““ ‘To ascertain the plain meaning of the term “bona fide” we turn to Webster’s Third New Int’l Dictionary, 250 (1986), wherein “bona fide” is defined as being “made in good faith without fraud or deceit....” Similarly, Black’s Law Dictionary 160 (5th ed.1979), defines “bona fide” as “in or with good faith; honestly, openly, and sincerely; without deceit or fraud.” Accordingly, we hold that to establish a security interest is “bona fide" under the forfeiture statute, one must only establish an actual, good faith interest in the property not derived by fraud or deceit. Under this definition, the [grandparents] have a bona fide security interest in [the grandson’s] [automobile]. The [grandparents] loaned [the grandson] money towards the purchase and repair of the [automobile] and a balance of $3,883 remained due on this loan. The [grandparents] believed in good faith that [the grandson] would repay the loan and that they had a hen against the [automobile] to secure their loan. Finally, the State does not claim the [grandparents] knew of [the grandson’s] illegal use of the [automobile] to transport drugs. Based on the foregoing, we conclude the [grandparents] had a bona fide security interest within the meaning of [the Utah forfeiture statute].’ ””

   1 later decision quote this exact passage
   e.g. State v. Pressley