I'm afraid I'm a bit of a weasel here. We don't have felony jurisdiction, so we don't do chapter 59 stuff. My objective was to try and troll out the folks who do.
If no one responds, send me an e-mail. My e-mail address is in my profile, and I'll be glad to send some more generalized responses to motions for summary judgment.
Posts: 1233 | Location: Amarillo, Texas, USA | Registered: March 15, 2001
I am having a hard time envisioning how one proves that something was not contraband as a matter of law. I guess you could prove that the alleged offense was not committed. Maybe you are dealing with an innocent owner claim. Anyway, I would expect a fairly simple counter-affidavit should be sufficient to raise an issue of fact in most situations. I would think there are likely some objections to be raised to the movant's proof, as well, under subsection (f).
