Opinion
S23C0701
09-19-2023
GARRETT SMITH et al. v. THE STATE
Court of Appeals Case No. A22A1455
The Honorable Supreme Court met pursuant to adjournment. The following order was passed:
The Supreme Court today granted the writ of certiorari in this case as case No. S23G0701 .
This case will be assigned to the January 2024 oral argument calendar automatically under Supreme Court Rule 50 (1) (a). Oral argument is mandatory in granted certiorari cases.
This Court is particularly concerned with the following issue or issues:
1. Did the Court of Appeals err in holding that the second amended complaint alleged the essential elements of theft by taking because the element of intent could be inferred from the allegations of the complaint? See OCGA § 9-16-12 (a).
2. Assuming for purposes of this briefing order that the answer to the previous question is yes, did the second amended complaint allege the essential elements of at least one criminal violation?
3. Did the Court of Appeals err in holding that the 60-day time for holding a bench trial or obtaining a continuance for good cause in an in rem civil forfeiture case began to run when the last claimant, who was never served, filed an answer without raising the defense of insufficient service? See OCGA § 9-16-12 (f).
Briefs should be submitted only on these points. See Supreme Court Rule 45.
All the Justices concur, except Ellington, LaGrua, and Colvin, JJ., who dissent.