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STATE EX REL. LAWRENCE/DOUGLAS COUNTY DRUG ENFORCEMENT UNIT v. $17,023 IN U.S. CURRENCY

No. 111,048.

329 P.3d 551 (2014)

STATE of Kansas ex rel. LAWRENCE/DOUGLAS COUNTY DRUG ENFORCEMENT UNIT (DEU), Appellant, v. $17,023 IN U.S. CURRENCY (more or less) and 721.38 Grams of Marijuana, Appellee.

Court of Appeals of Kansas.

July 3, 2014.

Attorney(s) appearing for the Case

Patrick J. Hurley , assistant district attorney, and Charles E. Branson , district attorney, for appellant.

No appearance by appellee.

Before ARNOLD-BURGER, P.J., BUSER and SCHROEDER, JJ.

ARNOLD-BURGER, J.

As part of a criminal investigation, law enforcement officers seized money and marijuana from Jacob Gillihan. Several months later, the State initiated forfeiture proceedings against this property. After the State moved for default judgment, the district court determined that it lacked jurisdiction over the action because the State failed to file its notice of pending forfeiture within 90 days of seizing the property. Accordingly, it dismissed the...

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