STATE v. ONE BLACK 1983 CHEVROLET VAN

No. 15625.

901 P.2d 211 (1995)

120 N.M. 280

STATE of New Mexico ex rel. ALBUQUERQUE POLICE DEPARTMENT, Plaintiff-Appellee, v. ONE BLACK 1983 CHEVROLET VAN, V.I.N. 2GCEG25H1D4121852, NEW MEXICO LICENSE PLATE NO. 291-BPN and One Thousand Three Hundred Seventy Dollars (1,370.00) In United States Currency In Various Denominations, Defendant, and Robert Beachum, Claimant-Appellant.

Court of Appeals of New Mexico.

June 29, 1995.


Attorney(s) appearing for the Case

Mark L. Drebing, Albuquerque, for plaintiff-appellee.

James Rawley, Albuquerque, for claimant-appellant.


OPINION

BOSSON, Judge.

Robert Beachum appeals a default judgment entered against him as a sanction in a civil forfeiture proceeding. Beachum suffered default because he refused to answer discovery requests based upon the assertion of his Fifth Amendment constitutional right against self-incrimination. We hold that the trial court erred in its entry of default judgment and therefore reverse and remand for further proceedings consistent with this opinion...

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