In addition to any penalty provided in section 28-1102, 28-1103, 28-1104, 28-1105, 28-1105.01, or 28-1107, a sentencing court may order that any money, securities, negotiable instruments, firearms, conveyances, or electronic communication devices as defined in section 28-833 or any equipment, components, peripherals, software, hardware, or accessories related to electronic communication devices, or any gambling devices be forfeited as a part of the sentence imposed if it finds by clear and convincing evidence adduced at a separate hearing in the same prosecution, conducted pursuant to section 28-1601, that any or all such property was derived from, used, or intended to be used to facilitate a violation of section 28-1102, 28-1103, 28-1104, 28-1105, 28-1105.01, or 28-1107.
Notes of Decisions
State v. Two IGT Video Poker Games, 465 N.W.2d 453 (Neb. 1991).
· cites it 5× “This therefore being an equitable action in rem to transfer the title of the allegedly unlawful machines from the owner to the State, see Neb. Rev. Stat. § 28-1111 (Reissue 1989), we apply the usual rule that this court reviews equity actions de novo on the record and will reach…”
Johnson v. Nelson, 290 Neb. 703 (Neb. 2015).
· cites it 2× “45 Neb. Rev. Stat. § 28-1111 (Reissue 2008).”
State v. Zimmer, 311 Neb. 294 (Neb. 2022).
· cites it 2× “20 Although the Legislature has provided for forfeiture in discrete situations, see, Neb. Rev. Stat. §§ 28-1111 (Reissue 2016) (gambling devices); Neb.”
State v. Dolinar, 995 N.W.2d 18 (Neb. 2023).
· cites it 5× “Our reasoning that § 28-431 was criminal was based pri- marily on the fact that the Legislature set forth a criminal burden of proof rather than a civil burden of proof respect- ing the use of the property that subjected it to forfeiture.”
State v. Dodge City, 470 N.W.2d 795 (Neb. 1991).
· cites it 2× “Under Neb. Rev. Stat. § 28-1111 (Reissue 1989), which has remained in effect throughout the history of this case, any gambling device possessed in violation of article 11 of chapter 28 “shall be forfeited to the state.”
State v. Riley, 979 N.W.2d 538 (Neb. Ct. App. 2022).
· cites it 2× “Although the Legislature has provided for forfeiture in discrete situations, see, Neb. Rev. Stat. § 28-1111 (Reissue 2016) (gambling devices); Neb.”
State v. One 1986 Toyota 4-Runner Auto., 510 N.W.2d 556 (Neb. Ct. App. 1993).
· cites it 4× “Two IGT Video Poker Games involved the forfeiture of two video poker machines, both gambling devices, brought pursuant to Neb. Rev. Stat. § 28-1111 (Reissue 1989).”
State v. Franco, 594 N.W.2d 633 (Neb. 1999).
· cites it 2× “Section 28-431 provides that at any time after seizure and prior to court disposition, the owner of record of the property may petition the district court of the county in which seizure was made to release such property and that the court shall order release of the property upon…”
State v. Zimmer, 311 Neb. 294 (Neb. 2022).
· cites it 2× “20 Although the Legislature has provided for forfeiture in discrete situations, see, Neb. Rev. Stat. §§ 28-1111 (Reissue 2016) (gambling devices); Neb.”
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