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State v. Dubray

Court of Appeals of Nebraska

June 7, 2016

State of Nebraska, appellee,
v.
Dominick L. Dubray, appellant.

         1. Search and Seizure: Appeal and Error. The denial of a motion for return of seized property is reviewed for an abuse of discretion.

         2. Search and Seizure: Property: Presumptions: Proof. When criminal proceedings have terminated, the person from whom property was seized is presumed to have a right to its return, and the burden is on the government to show that it has a legitimate reason to retain the property.

         3. Property: Presumptions: Proof. A presumption of ownership is created by exclusive possession of personal property, and evidence must be offered to overcome that presumption.

         4. Search and Seizure: Property: Proof. One in possession of property has the right to keep it against all but those with better title, and the mere fact of seizure does not require that entitlement be established anew.

         5. ___: ___: ___ . Seizure of property from someone is prima facie evidence of that person's right to possession of the property, and unless another party presents evidence of superior title, the person from whom the property was taken need not present additional evidence of ownership.

         6. Appeal and Error. An appellate court is not obligated to engage in an analysis that is not necessary to adjudicate the case and controversy before it.

         Appeal from the District Court for Box Butte County: Travis P. O'Gorman, Judge. Reversed and remanded for further proceedings.

         [24 Neb.App. 68] Dominick L. Dubray, pro se.

          Douglas J. Peterson, Attorney General, and George R. Love for appellee.

          Moore, Chief Judge, and Inbody and Riedmann, Judges.

          Moore, Chief Judge.

         INTRODUCTION

         Dominick L. Dubray appeals from an order of the district court for Box Butte County partially denying his motion for return of seized property. For the reasons set forth below, we reverse the order of the district court and remand the cause for further proceedings.

         BACKGROUND

         Prior ...


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