State v. Bergstrom’s Empirical Analysis
2006
Citation profile
20 state decisions
How this case has been cited
Cited by 21 later decisions — most recently August 2024
20 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 983 · 21 U.S.C. § 881 (§ 511 of the Controlled Substances Act)
Relies on Barker v. Wingo · United States v. Eight Thousand Eight Hundred & Fifty Dollars · Kramer v. Time Warner Inc. · Liberty Mutual Insurance ex rel. Arbogast & Bastian, Inc. v. Rotches Pork Packers, Inc. · Buchholz v. Buchholz
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A trial court’s decision on whether an item of property is forfeitable is a finding of fact that will not be overturned unless it is clearly erroneous. A finding of fact is clearly erroneous if it is induced by an erroneous view of the law, if no evidence exists to support it, or if, on the entire record, we are left with a definite and firm conviction that a mistake has been made.””
3 later decisions quote this exact passagee.g. State v. Horning · State v. Horning“Forfeiture is a two-stage process. See N.D.C.C. § 19-03.1-36; [State v.] One 1990 Chevrolet Pickup, 523 N.W.2d [389,] at 395 [ (N.D.1994) ]. The State must first show probable cause exists for the forfeiture action. N.D.C.C. § 19-03.1-36.6; One 1990 Chevrolet Pickup, at 394. Probable cause for forfeiture exists when “reasonable grounds exist to believe that the property was ‘probably connected with criminal activity.’ ” One 1990 Chevrolet Pickup, at 394 (quoting State v. Rydberg, 519 N.W.2d 306, 308 (N.D.1994)). The burden then shifts to the claimant to prove the property is not subject to forfeiture. N.D.C.C. § 19-OS.1-36.6; One 1990 Chevrolet Pickup, at 394. The claimant’s burden of proof is a preponderance of the evidence. N.D.C.C. § 19-03.1-36.2. Thus, property may be forfeited if it is more probable than not that the property was used in a criminal offense. See One 1990 Chevrolet Pickup, 523 N.W.2d at 395 (the claimant had to prove that his vehicle was not used in a felony, removing it from the vehicle forfeiture provision of § 29 — 31.1—0l(l)(e)).”
1 later decision quote this exact passage“In an action tried on the facts without a jury or with an advisory jury, the court must find the facts specially and state its conclusions of law separately. The findings and conclusions may be stated on the record after the close of the evidence or may appear in an opinion or a memorandum of decision filed by the court.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.