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Commonwealth v. Wilks
991997 Commonwealth v. Wilks 06/09/2000 The trial court erred in concluding that failure of the Commonwealth to file a notice of seizure for forfeiture within 21 days as to certain property seized pursuant to …
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991997 Commonwealth v. Wilks 06/09/2000 The trial court erred in concluding that failure of the Commonwealth to file a notice of …
- Court
- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- June 9, 2000
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991997 Commonwealth v. Wilks 06/09/2000 The trial court erred in concluding that failure of the Commonwealth to file a notice of seizure for forfeiture within 21 days as to certain property seized pursuant to a search warrant, as required in the Code, was a jurisdictional defect. Since the filing requirement is directory and procedural rather than mandatory and jurisdictional, the trial court erred in dismissing several related forfeiture proceedings. That ruling is reversed and the proceedings are remanded.
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· Supreme Court of Virginia
ReversedRemandedDismissed
The court's record, as written
991997 Commonwealth v. Wilks 06/09/2000 The trial court erred in concluding that failure of the Commonwealth to file a notice of seizure for forfeiture within 21 days as to certain property seized pursuant to a search warrant, as required in the Code, was a jurisdictional defect. Since the filing requirement is directory and procedural rather than mandatory and jurisdictional, the trial court erred in dismissing several related forfeiture proceedings. That ruling is reversed and the proceedings are remanded.
Outcome words in this text: dismissing, reversed, remanded.
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