State v. $33,000 U.S. Currency
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| 20070336 |
State of North Dakota, Plaintiff and Appellee
v.
$33,000.00 United States Currency, Defendant
and
Lam Bao Tran, Owner, Defendant and Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Georgia Dawson |
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Nature of Action: |
Other (Civil)
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| Counsel: |
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| Term: |
04/2008 Argument: 04/23/2008 02:45pm
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| ND cite: |
2008 ND 96
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| NW cite: |
748 N.W.2d 420
Listen to recording of oral argument
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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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| 1 | | 11/19/2007 | |
NOTICE OF APPEAL: 11/16/2007 |
| 2 | | 12/17/2007 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 3 | | 12/17/2007 | |
E-FILED MOTION - MAT |
| 4 | | 12/17/2007 | |
ACTION BY CLERK - MAT. Granted: 01/25/2008 |
| 5 | | 12/18/2007 | |
RECORD ON APPEAL |
| 6 | | 01/25/2008 | |
APPELLANT BRIEF (e-filed) |
| 7 | | 01/25/2008 | |
E-FILED BRIEF (ATB) |
| 8 | | 01/25/2008 | |
APPELLANT APPENDIX (e-filed)(faxed0 |
| 9 | | 01/25/2008 | |
E-FILED APPENDIX (ATA) (Faxed) |
| 10 | | 02/01/2008 | |
Received $25 surcharge for ATB (Receipt #18000) |
| 11 | | 02/06/2008 | |
Received 7 cc of ATB from Central Duplicating |
| 12 | | 02/06/2008 | |
Received 6 cc of ATA from Central Duplicating |
| 13 | | 02/22/2008 | |
APPELLEE BRIEF (e-filed) |
| 14 | | 02/22/2008 | |
E-FILED BRIEF (AEB) |
| 15 | | 02/22/2008 | |
APPELLEE APPENDIX (Faxed) |
| 16 | | 02/22/2008 | |
E-FILED APPENDIX (AEA) (Faxed) |
| 17 | | 02/26/2008 | |
Received $25 surcharge for e-filed ASEB (Receipt #18030) |
| 18 | | 03/04/2008 | |
Received 7 copies of AEB from Central Duplicating. |
| 19 | | 03/04/2008 | |
Received 6 copies of AEA from Central Duplicating |
| 20 | | 04/21/2008 | |
Gary Euren's Consent to Appearance of Charles J. Sheeley (faxed) |
| 21 | | 04/23/2008 | |
APPEARANCES: Brian W. Nelson; Gary E. Euren |
| 22 | | 04/23/2008 | |
ARGUED: Nelson; Euren |
| 23 | | 04/23/2008 | |
ORAL ARGUMENT WEBCAST |
| 24 | | 05/15/2008 | |
DISPOSITION: AFFIRMED |
| 25 | | 05/15/2008 | |
SPLIT OPINION: Kapsner, Carol Ronning |
| 26 | | 05/15/2008 | |
(CONCURRING SPECIALLY): VandeWalle, Gerald W.: CONCUR |
| 27 | | 05/15/2008 | |
(CONCURRING SPECIALLY): Sandstrom, Dale V.: CONCUR |
| 28 | | 05/15/2008 | |
Costs on appeal taxed in favor of Appellee |
| 29 | | 05/16/2008 | |
Order/Judgment Mailed to Parties |
| 30 | | 06/06/2008 | |
MANDATE |
| 31 | | 06/10/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |