Greene v. State

4 Citing cases

  1. Germain v. State

    605 S.E.2d 441 (Ga. Ct. App. 2004)   Cited 2 times

    "The trial court's authority to consider [the property owners' claims] depended entirely upon a properly filed answer" to the State's notice. Greene v.State, 220 Ga. App. 292 ( 469 SE2d 428) (1996). Thus the trial court could not reach Germain and Jeanlouis' claims regarding the insufficiency of the evidence and did not err in entering an order of disposition on the State's motion.

  2. Baker v. State

    605 S.E.2d 126 (Ga. Ct. App. 2004)   Cited 7 times
    Addressing OCGA § 16–13–49(n)

    Thus, in the absence of a legally sufficient claim, the owner or interest holder lacks standing to assert — and the trial court lacks authority to consider — the owner or interest holder's challenges to the forfeiture. See Greene v. State of Ga., 220 Ga. App. 292 ( 469 SE2d 428) (1996); State of Ga. v. Cannon, 214 Ga. App. 897 ( 449 SE2d 519) (1994).Tuggle v. State, 224 Ga. App. 353, 355 (1) ( 480 SE2d 353) (1997); Greene, supra.

  3. Jones v. State

    527 S.E.2d 611 (Ga. Ct. App. 2000)   Cited 11 times

    However, in the absence of a legally sufficient answer, the trial court was without authority to consider his motions. See Tuggle v. State of Ga., 224 Ga. App. 353, 355-356 (3) ( 480 S.E.2d 353) (1997); Greene v. State of Ga., 220 Ga. App. 292 ( 469 S.E.2d 428) (1996). Furthermore, having reviewed the bases of these motions, we find no harm in the trial court's failure to rule upon the motions.

  4. Francis v. State

    483 S.E.2d 643 (Ga. Ct. App. 1997)   Cited 1 times

    Quite apart from the fact that these factual contentions are contested by the State, a property owner's rights to the seized property are dependent upon the filing of a statutorily sufficient claim to the property in response to the notice of forfeiture. See Greene v. State, 220 Ga. App. 292 ( 469 S.E.2d 428) (1996). We have determined in Divisions 1 and 2, supra, that the claims filed by Francis and Samuel were legally insufficient.