Evelyn Charlene Ellis Case Brief

U.S. v. Sixty Acres in Etowah County, 930 F.2d 857 (11th Cir. 1991)

Parties

United States Court of Appeals, Eleventh Circuit v. Sixty Acres in Etowah County, Evelyn Charlene Ellis.

Facts

In early May 1989, Mr. Ellis pled guilty to possession with intent to distribute illegal drugs and was sentenced to 10 months in jail. Mrs. Evelyn Ellis abused wife is facing forfeiture of her house because of her husband’s drug dealing activities. Mrs. Ellis, who owns the property on sixty acres in Etowah County, lived with her spouse Mr. Ellis used the property for drug dealing, which he was charged and convicted for it. Mrs. Ellis an abused wife, she was afraid of her husband due to his prior acts violence against his ex-wife whom he murders. Mrs. Ellis was afraid that if she tells the authority about her husband drug dealing he was going to hurt her as well. The government pursued to the seizure of the house under the statute that provides civil forfeiture of real estate property that has been used for illegal drug dealing.

Prior Proceedings

Ellis pledge guilty to possession with intent to distribute controlled substances and sentenced to serve time in jail. The government file motion to forfeiture of Mrs. Ellis property because it was used for the illegal drug transaction, which is against the law in the state of Alabama. The district courts conducted the bench trial to view the new evidence and hear testimony. Mrs. Ellis admitted she knew about the husband illegal business but she never consented to it and because she was too afraid of what her husband might do to her. The District Court then vacated and dismissed the previous order of forfeiture against the