Anderson v. State

MILLER, Presiding Judge.

The State dismissed theft and burglary charges against appellant Burt Steven Anderson but, according to Anderson, failed to return to him personal property seized for evidentiary purposes. Anderson filed a sworn claim for the return of said property, and later a motion for summary judgment. The State only filed an un-sworn answer to the claim, merely denying his allegations. The court denied the claim without any hearing, an action Anderson contends before us was an improper denial of his due process rights. We agree and reverse and remand for further proceedings.

FACTS

I…