In Re Property of Twyla Miles
W2016-00132-COA-R3-CV
| Tenn. Ct. App. | Jan 27, 2017Background
- In March 2015 Memphis PD seized real property (1052 Parkland Rd), a 2002 Chevrolet van, and two Bank of America accounts from Twyla Miles as suspected proceeds of illegal drug sales.
- Officers served Miles with Notices of Property Seizure and obtained forfeiture warrants the day of the seizure; a notice of lien lis pendens was filed for the real property.
- The State filed a Complaint for Forfeiture on April 23, 2015; the court clerk mailed the complaint to Miles by certified mail; Miles signed the return receipt on May 13, 2015.
- Miles, who was incarcerated, attended hearings and acknowledged receiving notice but did not file a claim or motion to contest the forfeiture within 30 days.
- Trial court entered default judgment and granted the State summary judgment forfeiting any interest Miles had in the seized property.
- On appeal Miles argued she was denied due process for lack of notice and that the forfeiture judgment was void; the State argued Miles lacked standing to appeal because she never filed a claim below.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to contest forfeiture | Miles did not file a claim because she lacked notice and was incarcerated | State: Miles never established statutory standing by filing a claim/motion | Miles failed to establish standing; appeal dismissed on standing ground |
| Adequacy of notice / Due process | Miles contends she did not receive constitutionally adequate notice and thus could not timely contest | State: Statutory and constitutional notice requirements were met (notice of seizure, forfeiture warrant, certified mailing of complaint; Miles received and acknowledged receipt) | Court held notice was adequate under statutes and due process; Miles received and elected not to file a claim |
Key Cases Cited
- Redd v. Tenn. Dep’t of Safety, 895 S.W.2d 332 (Tenn. 1995) (due-process notice requirement for forfeiture: hearing at reasonable time and meaningful manner)
- State v. Sprunger, 458 S.W.3d 482 (Tenn. 2015) (seizing authority must prove compliance with statutory forfeiture procedures)
- City of Memphis v. Hargett, 414 S.W.3d 88 (Tenn. 2013) (standing is a justiciability threshold; reviewed de novo)
- In re Estate of Smallman, 398 S.W.3d 134 (Tenn. 2013) (standing is a question of law reviewed de novo)