By: WISCONSIN LAW JOURNAL STAFF//June 11, 2014//
Wisconsin Court of Appeals
Criminal
Forfeiture — innocent owner exception
John and Melanie Bickley, father and daughter, appeal from an order of forfeiture of the captioned 2010 Nissan Altima. They argue the circuit court erred in ordering that the Altima, which Melanie utilized in the sale of illegal drugs, be forfeited. They contend the Altima should not be subject to forfeiture because John is the “innocent owner” of the vehicle. The circuit court ultimately found that while John did not know about or consent to the drug transactions, he was not the owner of the vehicle for purposes of the forfeiture statute and thus the “innocent owner” exception did not apply. Because we conclude that the circuit court did not clearly err, we affirm. Not recommended for publication in the official reports.
2013AP2176 State v. One 2010 Nissan Altima et al.
Dist II, Walworth County, Carlson, J., Gundrum, J.
Attorneys: For Appellant: Owens, Joseph F., New Berlin; For Respondent: Rea, Haley, Elkhorn