State ex rel. Chandler v. Butler
State ex rel. Chandler v. Butler
Opinion of the Court
The undisputed facts show that the $4,815 in question was forfeited, pursuant to federal law. See Section 881, Title 21, U.S.Code. Under Article VI of the United States Constitution, the federal Constitution and laws of the United States are made “the supreme law of the land.” Since the money was forfeited under federal law, it is immaterial what R.C. 2933.43 states about its return. Relator’s claim, if any, is against the federal government.
Judgment accordingly.
Concurring in Part
dissenting in part. I concur with the court’s ruling on the prosecutor’s office’s motion for summary judgment, but I dissent from its ruling on Cincinnati’s motion for summary judgment.
Reference
- Full Case Name
- The State, ex rel. Chandler v. Butler
- Cited By
- 11 cases
- Status
- Published