Summary
The Nebraska Supreme Court affirmed the forfeiture of $18,000 seized from Christopher Bouldin during a traffic stop. The court held that Neb. Rev. Stat. § 28-431, as amended in 2016, requires the State to establish the statutory basis for forfeiture by clear and convincing evidence rather than beyond a reasonable doubt. The court declined to consider Bouldin’s sufficiency-of-the-evidence argument because it was inadequately briefed.
Topics
Practice areas
Questions Presented
- Whether the district court applied the correct burden of proof under Neb. Rev. Stat. § 28-431 in ordering the seized cash forfeited.
- Whether the evidence was sufficient to support forfeiture of the $18,000.
Holdings
- Under the version of Neb. Rev. Stat. § 28-431 applicable after the 2016 amendment, the State must establish by clear and convincing evidence that property was used in violation of the Uniform Controlled Substances Act for forfeiture purposes; the statute no longer requires proof beyond a reasonable doubt.
- The court will not address an assignment of error when the appellant's brief does little more than restate the assignment and fails to provide a specific argument explaining the alleged error.
Key quotations
“Because this case does not require us to determine whether forfeiture proceedings under the statute remain criminal in nature after the 2016 amendments to § 28-431, we leave that question for another day.” (625)
“An argument that does little more than to restate an assignment of error does not support the assignment, and an appellate court will not address it.” (626)
Factual background
During a traffic stop on Interstate 80 in Seward County, Nebraska, a law enforcement officer searched a vehicle driven by Christopher Bouldin and seized $18,000 in cash. The officer testified that Bouldin was traveling from Virginia to Colorado, a certified drug dog indicated the presence of narcotics, and Bouldin's phones contained marijuana-related photographs, videos, and text messages concerning purported purchases of marijuana and THC wax. The State also introduced evidence of Bouldin's prior Utah conviction for attempted possession of a controlled substance with intent to distribute.
Procedural history
The State petitioned for forfeiture of $18,000 seized from Bouldin during a traffic stop. Bouldin filed a claim seeking return of the money but did not appear for trial. After hearing testimony from the seizing officer and receiving other evidence, the district court ordered forfeiture and distribution of the cash. Bouldin timely appealed, challenging the burden of proof and the sufficiency of the evidence; the Nebraska Supreme Court affirmed.