STATE v. $44,140.00 U.S. CURRENCY

No. 20110327.

820 N.W.2d 697 (2012)

2012 ND 176

STATE of North Dakota, Plaintiff and Appellee v. $44,140.00 UNITED STATES CURRENCY, Bryen Edwin Birkholz, Defendants Bryen Edwin Birkholz, Appellant.

Supreme Court of North Dakota.

August 22, 2012.


Attorney(s) appearing for the Case

Jackson J. Lofgren , Assistant State's Attorney, Mandan, N.D., for plaintiff and appellee.

Justin J. Vinje , Bismarck, N.D., for appellant.


KAPSNER, Justice.

[¶ 1] Bryen Birkholz appeals from a judgment ordering him to forfeit $44,140 in currency seized during a search of his residence and from an order denying his motion for a new trial. Birkholz argues the district court erred in applying the presumptions in N.D.C.C. § 19-03.1-23.3 to currency he claims was seized under the authority of N.D.C.C. § 29-31.1-03. He also claims there was insufficient evidence of a transaction to justify a...

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