Union County Sheriff’s Office v. Henderson

Appellant Willard Farr owned seven gaming machines seized from a Union business. The magistrate issued an order to destroy the machines, and Appellant timely sought a post-seizure hearing in an attempt to block their destruction. Following the hearing, the magistrate affirmed the order, and Appellant appealed to the circuit court. Appellant challenged the sufficiency of the evidence presented before the magistrate concerning the State's witness and her inability to identify which of the offending machines she played. Finding that Appellant misunderstood the burden of proof at the post-seizure hearing (which rested solely on the owner to show why the machines should not have been forfeited and destroyed), the Supreme Court affirmed the magistrate's and circuit court's decisions. View "Union County Sheriff's Office v. Henderson" on Justia Law