State v. $17,515.00 in Cash Money

20030008 State of North Dakota, Plaintiff and Appellee
v.
$17,515.00 in Cash Money,
$50.00 in Cash Money,
Daniel Olivarez, Defendants
and
Alice Olivarez, Defendant and Appellant

Appeal from: District Court, Northeast Judicial District, Walsh County
Judge Donovan John Foughty
Nature of Action: Other (Civil)
Counsel:
Appellant: Howe & Seaworth
Appellee: Sharon Wilson Martens , State's Attorney
Term: 09/2003   Argument: 09/08/2003  10:45am
ND cite: 2003 ND 168
NW cite: 670 N.W.2d 826

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. That the Trial Court's application of an incorrect standard of proof was clearly erroneous and prejudicial to Appellant.
2. That the Trial Court erred by improperly, and without explanation, striking Alice Olivarez' timely jury trial demand, denying her constitutional right to a trial by jury and effectively depriving the Court of jurisdiction to proceed with a bench trial.
3. That the Trial Court's determination that the State had met its burden of establishing probable cause where no linkage was established by the State between the funds to be forfeited and the sale or traffic of illegal drugs was clearly erroneous.

Appellee's Statement of the Issues:
I. What is the appropriate standard of proof in the trial of a civil forfeiture action?
II. Did the state fail to prove a connection between the currency to be forfeited and illegal drug trafficking?
III. Did defendant have a constitutional right to trial by jury in the forfeiture action?

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Docket entries:
101/07/2003 NOTICE OF APPEAL: 01/06/2003
201/17/2003 ORDER FOR TRANSCRIPT: 01/06/2003
301/23/2003 Copy of letter from Wendy Asperheim to Henry Howe dated 1-22-03 RE: bill for transcript cost
402/04/2003 RECORD ON APPEAL
502/27/2003 TRANSCRIPT DATED September 30, 2002
603/04/2003 Certificate of Service of Transcript
703/06/2003 Supplemental Clerk's Certificate dated 3-5-03 (Entry No. 37)
803/14/2003 DISK of tra dated 9-30-02
904/10/2003 MOT. EXT/TIME APPELLANT BRIEF
1004/10/2003 ACTION BY CLERK. Granted: 05/07/2003
1104/11/2003 Letter dated 4/10/03 re: State has not objection to extension of time for ATB
1205/08/2003 APPELLANT BRIEF
1305/08/2003 APPELLANT APPENDIX
1405/14/2003 DISK - atb
1505/14/2003 Pages 33-38 for ATA
1606/10/2003 APPELLEE BRIEF
1706/10/2003 APPELLEE APPENDIX
1806/11/2003 DISK - AEB
1909/02/2003 Request for Radio/TV Coverage - AP (e-mail dated 9-02-03 from Dale Wetzel) (AUTHORIZED)
2009/09/2003 APPEARANCES: Henry H. Howe; Sharon W. Martens
2109/08/2003 ARGUED: Howe; Martens (Vol. Y; Page 135)
2209/08/2003 ORAL ARGUMENT WEBCAST
2311/13/2003 DISPOSITION: AFFIRMED
2411/13/2003 UNANIMOUS OPINION: Maring, Mary Muehlen
2511/13/2003 Costs on appeal taxed in favor of appellee under Rule 39, N.D.R.App.P.
2611/17/2003 Order/Judgment Mailed to Parties
2712/05/2003 MANDATE
2812/10/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2910/29/2009 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/22/2014