Texas Supreme Court
Milton Wayne Hardy and Lovell Green Hardy v. the State Of…
April 3, 200346 Tex. Sup. Ct. J. 555
Summary
The Texas Supreme Court affirmed the appellate court's judgment, holding that the State must establish probable cause to initiate a civil forfeiture and that the burden then shifts to the property owner to prove by a preponderance of the evidence that eight‑liner machines are not gambling devices, and that the machines do not fall within the statutory exclusion because they dispense tickets redeemable for cash or cash equivalents.