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State v. Bergstrom

Docket No. 20050110
Oral Argument: Tuesday, October 25, 2005 4:00pm

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Zachary Bergstrom, Defendant and Appellant
Case Type
CIVIL APPEAL : OTHER (Civil)
Appeal From
Case No. 01-K-2544
South Central Judicial District, Burleigh County
Robert O. Wefald
2006 ND 45710 N.W.2d 407

Highlight

In a civil forfeiture action, the State must show probable cause exists to bring the forfeiture action, and then the claimant must prove, by a preponderance of the evidence, the property is not subject to forfeiture.
Because forfeiture is a civil proceeding, apart from an underlying criminal proceeding, the burden of each party does not change when the defendant is acquitted of the criminal charge.
A district court may not rely on a prior probable cause determination, made when a search warrant was issued, to conclude there was probable cause to bring a civil forfeiture action.
Findings of fact are adequate if they provide this Court with an understanding of the district court's factual basis used in reaching its determination.
A court must balance four factors when deciding if a delay in bringing a forfeiture action has violated the claimant's due process rights: length of delay, the reason for the delay, the claimant's assertion of his right, and prejudice to the claimant.


Briefs

Filing Date Description
06/08/2005 APPELLANT BRIEF View
07/22/2005 APPELLEE BRIEF View
08/29/2005 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Cynthia Mae Feland - 04804

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 03/30/2005 NOTICE OF APPEAL : 03/30/2005
2 03/30/2005 Petition In Forma Pauperis to Waive Filing Fee
3 04/15/2005 ACTION BY CLERK (Petition in Forma Pauperis to Waive Filing Fee--no fee required) - Granted
4 04/15/2005 MOT. EXT/TIME APPELLANT BRIEF
5 04/25/2005 Letter from Mr. Bergstrom dated 4-20-05 RE: Trans. has been ordered
6 04/25/2005 ACTION BY CLERK (Mot/Ext/ATB) - Granted : 06/08/2005
7 04/26/2005 RETENTION OF RECORD ON APPEAL : 06/08/2005
8 05/06/2005 TRANSCRIPT DATED March 4, 2005
9 05/06/2005 DISK of tra dated 3-4-05
10 05/09/2005 RECORD ON APPEAL & Transcripts (4) (NOT REC'D: 42,165,166,&177--Court Reporter Notes and
11 05/09/2005 attachments to Entry No. 152)
12 06/08/2005 APPELLANT BRIEF View
13 06/08/2005 APPELLANT APPENDIX
14 06/10/2005 DISK NONCOMPLIANCE - ATB (See ATB cover letter dated May 2005)
15 06/23/2005 Rec'd TOC, Docket Sheet & NOA for AT Appendix
16 07/14/2005 MOT. EXT/TIME APPELLEE BRIEF (faxed)
17 07/14/2005 E-FILED MOTION (MAE) (FAXED)
18 07/14/2005 ACTION BY CLERK - Granted : 07/25/2005
19 07/22/2005 APPELLEE BRIEF View
20 07/22/2005 APPELLEE APPENDIX
21 07/22/2005 DISK - aeb (e-mailed)
22 07/29/2005 Notice and Consent for Sara J. Gerhardt to appear on behalf of Burleigh Co. State's Attorney's
23 07/29/2005 Office
24 08/08/2005 Letter from Zachary Bergstrom dated 7-29-05 regarding unable to attend oral argument
25 08/08/2005 MOT. EXT/TIME REPLY BRIEF
26 08/09/2005 ACTION BY CLERK (MRY) - Granted : 08/31/2005
27 08/10/2005 Letter dated 8-09-05 from Cynthia Feland informing us that if AT is unable to attend OA, the
28 08/10/2005 State will waive OA
29 08/29/2005 REPLY BRIEF View
30 08/31/2005 DISK NONCOMPLIANCE (RYB)
31 09/06/2005 ACTION BY SUPREME COURT (waiver of oral argument-AT/AE) - Granted
32 10/25/2005 APPEARANCES: waived under N.D.R.App.P. 34(f), and submitted on briefs
33 10/25/2005 ARGUED: waived under N.D.R.App.P. 34(f), and submitted on briefs
34 02/23/2006 DISPOSITION
35 02/23/2006 UNANIMOUS OPINION : Sandstrom, Dale V. View
36 02/24/2006 Judgment Mailed to Parties
37 03/20/2006 MANDATE
38 03/27/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
39 11/01/2012 EXPUNGED - Nonpermanent record items destroyed