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STATE v. $1,947

No. S-96-1237.

583 N.W.2d 611 (1998)

255 Neb. 290

STATE of Nebraska, Appellee, v. ONE THOUSAND NINE HUNDRED FORTY-SEVEN DOLLARS IN U.S. CURRENCY, Appellee, and Thomas Badgett, Interested Party, Appellant.

Supreme Court of Nebraska.

August 28, 1998.

Attorney(s) appearing for the Case

Mary Lee Skaff, Omaha, for appellant.

Don Stenberg, Attorney General, and Kimberly A. Klein, Lincoln, for appellee State.

WHITE, C.J., CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

STEPHAN, Justice.

On September 15, 1994, $1,947 in cash was seized from Thomas Badgett's apartment during the execution of a search warrant. The State of Nebraska filed a petition for disposition of seized property pursuant to Neb.Rev.Stat. § 28-431 (Reissue 1995), alleging that the money was used or intended to be used to facilitate controlled substances transactions and, therefore, should be forfeited to the State. More than 2 years after the seizure, the district...

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