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IDAHO POLICE v. REAL PROPERTY IN CASSIA

No. 32593.

156 P.3d 561 (2007)

IDAHO STATE POLICE, by and through Colonel G. Jerry RUSSELL, Director, Plaintiff-Respondent, v. REAL PROPERTY SITUATED IN the COUNTY OF CASSIA, State of Idaho, and Described As Follows, To Wit: Parcel I: Lot 2 In Block 3 of the Verde Valley Subdivision, Cassia County, Idaho, as the same is Platted in the Official Plat Thereof, Now of Record in the Office of the Recorder of Said County; One 1976 Mobile Home, Title No. B475291. Parcel II: Lot 7 in Block 3 of the Verde Valley Subdivision, Cassia County, Idaho as the same is Platted in the Official Plat Thereof, Now of Record in the Office of the Recorder of Said County, Together With All and Singular, The Tenements, Hereditaments and Appurtenances Hereunto Belonging or in Anywise Appertaining, Defendant-Appellant.

Supreme Court of Idaho, Boise, March 2007 Term.

March 29, 2007.

Attorney(s) appearing for the Case

Benoit, Alexander, Harwood, High & Valdez, LLP, Twin Falls, for appellant. Anthony M. Valdez argued.

Honorable Lawrence G. Wasden, Attorney General, Boise, for respondent. Thomas Tharp argued.

SCHROEDER, Chief Justice.

Eunice Bautista appeals from the district court's denial of her motion to set aside a default judgment granting a forfeiture of her home under I.C. § 37-2744A.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Eunice Bautista's ex-husband, Martin Bautista, was arrested at Eunice's home on a federal warrant for drug possession/distribution. The home had become Eunice's separate property after the couple divorced several...

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