State v. Ebert

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After the charge against Appellant for theft by unlawful taking was dismissed the Supreme Court reversed the district court's order granting in part Appellant's motion for return of property seized from him and originally alleged to be stolen, holding that the burden of proof was not properly applied.As part of a plea agreement, the State dismissed the charge against Appellant of theft by unlawful taking. Thereafter, Appellant filed a motion for return of the property seized from him. The district court conducted an evidentiary hearing and then ordered some items of property returned to Appellant and others returned to Appellant's former employer. The Supreme Court reversed and remanded for further proceedings, holding that the district court erred as a matter of law by requiring Appellant, as the proponent of the motion seeking the return of property seized from him, to prove ownership of the property seized. View "State v. Ebert" on Justia Law