Posted: August 3rd, 2022

United States (Plaintiff) v. Sixty Acres in Etowah County (Defendants)

Case Brief
Name
Institution

Parties:
United States (Plaintiff) v. Sixty Acres in Etowah County (Defendants)
Facts:
Evelyn Ellis resided with her husband, Hubert Owen Ellis in a property she owned. Mr. Ellis was found guilty of utilizing and selling illegal drugs on the property, prompting the government to seek for the property to be forfeited under the law that calls for this in the event the property is found to have been utilized in carrying out or aiding in the commission of illegal drug trade except in cases where the owner was not aware of the unlawful activity.
Prior Proceedings:
The case was initially heard in the US District Court for the Northern District of Alabama where Mr. Ellis pleaded guilty to possessing with the intention to dispense controlled substances. The court gave him 10 months in jail sentence.
Issues Presented or Questions of Law:
Is the generalized fear of being persecuted adequate to evidence lack of approval to deeds that are unlawful?
Arguments or Objectives of the Parties:
Evelyn, Mr. Ellis wife argued that she never willingly consented to her husband’s unlawful drug activity. She only did so out of fear for her life as Mr. Ellis was a known violent man, and had even killed his previous wife. As such, she remained silent out of fear of what her husband could to her in case she reported him.
Holding/Rule of Law:
No. A generalized fear of being persecuted, which is not tantamount to coercion cannot be viewed as a lack of consent to unlawful activities to prevent forfeiture.

Saint Leo Core Values Displayed:
Evelyn violated the Saint Leo Core Values of responsibility when she did not report her husband to law enforcement for engaging in drug trade.
Rationale:
According to the evidence, Evelyn feared her husband. There is no evidence to demonstrate that Mr. Ellis threatened his wife with instant revenge if she declined to support his drug trade activities. As such, Evelyn had plenty of time to contact law enforcement or run away.
Conclusion:
The decision of the district court is thus reversed.

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Tags: Case Brief, United States (Plaintiff) v. Sixty Acres in Etowah County (Defendants)