State v. $17,515.00 in Cash Money
State of North Dakota, Plaintiff and Appellee
$17,515.00 in Cash Money,
$50.00 in Cash Money,
Daniel Olivarez, Defendants
Alice Olivarez, Defendant and Appellant
Northeast Judicial District,
Judge Donovan John Foughty
|Nature of Action:||Other (Civil)|
|Term:||09/2003  Argument: 09/08/2003 10:45am|
|ND cite:||2003 ND 168|
670 N.W.2d 826
Listen to recording of oral argument in MP3 format
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?
|Add Docket 20030008 RSS|
|1||01/07/2003||NOTICE OF APPEAL: 01/06/2003|
|2||01/17/2003||ORDER FOR TRANSCRIPT: 01/06/2003|
|3||01/23/2003||Copy of letter from Wendy Asperheim to Henry Howe dated 1-22-03 RE: bill for transcript cost|
|4||02/04/2003||RECORD ON APPEAL|
|5||02/27/2003||TRANSCRIPT DATED September 30, 2002|
|6||03/04/2003||Certificate of Service of Transcript|
|7||03/06/2003||Supplemental Clerk's Certificate dated 3-5-03 (Entry No. 37)|
|8||03/14/2003||DISK of tra dated 9-30-02|
|9||04/10/2003||MOT. EXT/TIME APPELLANT BRIEF|
|10||04/10/2003||ACTION BY CLERK. Granted: 05/07/2003|
|11||04/11/2003||Letter dated 4/10/03 re: State has not objection to extension of time for ATB|
|14||05/14/2003||DISK - atb|
|15||05/14/2003||Pages 33-38 for ATA|
|18||06/11/2003||DISK - AEB|
|19||09/02/2003||Request for Radio/TV Coverage - AP (e-mail dated 9-02-03 from Dale Wetzel) (AUTHORIZED)|
|20||09/09/2003||APPEARANCES: Henry H. Howe; Sharon W. Martens|
|21||09/08/2003||ARGUED: Howe; Martens (Vol. Y; Page 135)|
|22||09/08/2003||ORAL ARGUMENT WEBCAST|
|24||11/13/2003||UNANIMOUS OPINION: Maring, Mary Muehlen|
|25||11/13/2003||Costs on appeal taxed in favor of appellee under Rule 39, N.D.R.App.P.|
|26||11/17/2003||Order/Judgment Mailed to Parties|
|28||12/10/2003||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|29||10/29/2009||EXPUNGED - Nonpermanent record items destroyed|