BEAUMONT (SE Texas Record) — Jimmy Jenkins isn't getting his pickup truck back, a state appeals court recently ruled.
Jenkins, who lost his 2004 Chevrolet Z71 Pickup to civil forfeiture early last year and has been representing himself in the legal effort to get it back, provided "inadequate briefing," Texas Ninth District Court of Appeals three-judge panel ruled.
The arresting officer's affidavit of Officer Duke was "clear, positive, and direct; credible and free from contradictions and inconsistencies," but "could have been readily controverted by Jenkins," the panel said in its six-page memorandum opinion issued March 26.
"Accordingly, the State met its initial burden of establishing that the pickup, which was owned by Jenkins and used to transport narcotics in violation of Texas law, was contraband that was subject to forfeiture," the memorandum opinion said. "Thus, the burden shifted to Jenkins to raise a material fact issue that would preclude summary judgment."
Jenkins didn't file a response to the state's motion for motion for summary judgment and "failed to challenge any of the state's summary judgment evidence," the memorandum opinion said. "We conclude that the trial court did not err in granting the state's motion for summary judgment. We overrule Jenkins' issues on appeal and affirm the trial court's judgment."
District Court Chief Justice Steve McKeithen, Justice Leanne Johnson and Justice Charles Kreger concurred in the memorandum opinion.
The case stems from the civil forfeiture proceeding against Jenkins in January of last year in which the state seized his pickup truck after Jenkins was arrested when he was pulled over on suspension of transporting narcotics. Jenkins initial arrest occurred "because he became belligerent and failed to identify," according to the background portion of the memorandum opinion.
A clear baggy of methamphetamine was subsequently found behind the passenger side airbag of the truck and Jenkins was for possessing a controlled substance.
Texas has long had a reputation for its no-conviction-required civil forfeiture process which has earned the state a D+ grade from the legal reform group Institute for Justice.
In 2017 alone, law enforcement agencies in Texas seized more than $50 million in cash, cars, jewelry, clothing, art and other property alleged to have been linked to crimes.
In February 2019, about a month after the state of Texas seized Jenkin's Chevy pickup, the U.S. Supreme Court found that the Eighth Amendment, which provides constitutional protections agains excessive fines at the federal level, also applies to the states.
In its unanimous ruling, the Supreme Court ruled that civil forfeiture laws in the state should be limited.
The following month, bills aimed at reforming Texas' civil asset forfeiture laws were introduced into the state legislature. House Bill 404, introduced by Rep. Senfronia Thompson (D-Houston), would have ended civil asset forfeiture and transitioned to a criminal-asset forfeiture procedure.
Identical bills in the state House and Senate, House Bill 182 introduced by Rep. Terry Canales (D-Edinburg) and Senate Bill 247 introduced by Sen. Juan Hinojosa (D-Edinburg), also would have provided for criminal asset forfeiture.
All three pieces of legislation died in committee.
Meanwhile, Jenkins was trying to get his pickup truck back.
Acting pro se, Jenkins filed an answer in Polk County District Court noting his not guilty plea to the narcotics charge, saying that the allegations against him were false and requesting his truck be returned.
The State filed a motion for summary, arguing it has proven its case against Jenkins and had a right to his pickup truck "as a matter of law," the memorandum opinion said.
The Polk County court granted the state's motion for summary judgment, finding that the truck was contraband subject to forfeiture.
Jenkins appealed.
In its analysis of the case, the appeals court panel found that Jenkins' briefing contained no citations to any legal authority or the record to back up his case.
"Even interpreting Jenkins brief liberally, we cannot conclude that the issues are adequately briefed," the memorandum opinion said.