Crimley v. State

1 Citing case

  1. Loveless v. State

    337 Ga. App. 250 (Ga. Ct. App. 2016)   Cited 5 times   1 Legal Analyses
    Holding that claimant's answer in forfeiture action did not satisfy statutory requirements, and thus was properly struck, because his answer did not include the date of the transfer of the cash, the identity of the transferor, or the circumstances of his acquiring the cash

    However, we conduct a de novo review of the trial court's application of the law to undisputed facts, owe no deference whatsoever to the trial court's conclusions of law, and are free to apply anew the legal principles to the facts.Crimley v. State of Ga. , 330 Ga.App. 639, 641, 768 S.E.2d 813 (2015) (citation and punctuation omitted). “In a civil in rem forfeiture action, a claimant's answer must be in strict compliance with the special pleading requirements of OCGA § 16–13–49 (o) (3).” Arreola–Soto v. State of Georgia , 314 Ga.App. 165, 166, 723 S.E.2d 482 (2012) ; see Sanders v. State , 259 Ga.App. 422, 425, 577 S.E.2d 94 (2003) (a forfeiture action under OCGA § 16–13–49 is a civil proceeding).