State v. $33,000 U.S. Currency

20070336 State of North Dakota, Plaintiff and Appellee
v.
$33,000.00 United States Currency, Defendant
and
Lam Bao Tran, Owner, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Georgia Dawson
Nature of Action: Other (Civil)
Counsel:
Appellant: Brian W. Nelson & Associates
Appellee: Gary E. Euren , Asst. State's Attorney
Term: 04/2008   Argument: 04/23/2008  2:45pm
ND cite: 2008 ND 96
NW cite: 748 N.W.2d 420

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Issues: Appellant's Statement of the Issues:
Whether the The District Court abused its discretion in denying Defendant's Motion to Vacate the Default Forfeiture Judgment against his U.S. Currency. Where the Defendant had appeared in the underlying criminal action through counsel and requested disclosures in the same; lacked actual knowledge and comprehension of the service and contents of the Summons and Complaint; was not provided notice of the motion to default; promptly moved to vacate the Default Judgment; and gave notice of a defense to the action.

Appellee's Statement of the Issues:
I. Whether a Rule 16 discovery request under the North Dakota Rules of Criminal Procedure constitutes an "appearance" for purposes of a civil forfeiture action.
II. Whether the district court abused its discretion in denying Mr. Tran's Motion to Vacate Default Judgments.

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Docket entries:
111/19/2007 NOTICE OF APPEAL: 11/16/2007
212/17/2007 MOT. EXT/TIME APPELLANT BRIEF
312/17/2007 E-FILED MOTION - MAT
412/17/2007 ACTION BY CLERK - MAT. Granted: 01/25/2008
512/18/2007 RECORD ON APPEAL
601/25/2008 APPELLANT BRIEF (e-filed)
701/25/2008 E-FILED BRIEF (ATB)
801/25/2008 APPELLANT APPENDIX (e-filed)(faxed0
901/25/2008 E-FILED APPENDIX (ATA) (Faxed)
1002/01/2008 Received $25 surcharge for ATB (Receipt #18000)
1102/06/2008 Received 7 cc of ATB from Central Duplicating
1202/06/2008 Received 6 cc of ATA from Central Duplicating
1302/22/2008 APPELLEE BRIEF (e-filed)
1402/22/2008 E-FILED BRIEF (AEB)
1502/22/2008 APPELLEE APPENDIX (Faxed)
1602/22/2008 E-FILED APPENDIX (AEA) (Faxed)
1702/26/2008 Received $25 surcharge for e-filed ASEB (Receipt #18030)
1803/04/2008 Received 7 copies of AEB from Central Duplicating.
1903/04/2008 Received 6 copies of AEA from Central Duplicating
2004/21/2008 Gary Euren's Consent to Appearance of Charles J. Sheeley (faxed)
2104/23/2008 APPEARANCES: Brian W. Nelson; Gary E. Euren
2204/23/2008 ARGUED: Nelson; Euren
2304/23/2008 ORAL ARGUMENT WEBCAST
2405/15/2008 DISPOSITION: AFFIRMED
2505/15/2008 SPLIT OPINION: Kapsner, Carol Ronning
2605/15/2008 (CONCURRING SPECIALLY): VandeWalle, Gerald W.: CONCUR
2705/15/2008 (CONCURRING SPECIALLY): Sandstrom, Dale V.: CONCUR
2805/15/2008 Costs on appeal taxed in favor of Appellee
2905/16/2008 Order/Judgment Mailed to Parties
3006/06/2008 MANDATE
3106/10/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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