Arreola-Soto v. State of Georgia
314 Ga. App. 165
| Ga. Ct. App. | 2012Background
- In rem forfeiture action, State sought forfeiture of currency and property seized by Clayton County Sheriff's Office in aid of DEA, alleging conspiracy to traffic marijuana and cocaine.
- Appellants answered and counterclaimed; amended answer filed in response to State's motion to strike the original answer.
- Trial court granted the motion to strike the amended answer for noncompliance with OCGA 16-13-49(o)(3).
- State moved for judgment of forfeiture; court entered judgment of forfeiture; Appellants appealed.
- Appeal contested (1) striking of answer, (2) forfeiture excessiveness, (3) adequacy of conduct description in the complaint.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether striking the answer was error | Appellants failed OCGA 16-13-49(o)(3)(D) details for many items | Some items adequately described ownership; strict pleading should be construed reasonably | Partial; court erred in striking items with sufficient ownership detail |
| Whether forfeiture was constitutionally excessive | Excessive forfeiture defenses are cognizable | Not argued below due to strike; no ruling available on excessiveness | Not reviewable; remanded on remaining claims |
| Whether complaint adequately described the conduct giving rise to forfeiture | Complaint failed to describe conduct under OCGA 16-13-49(n)(1) | In rem action over $25,000; o subsection applies; description sufficient to plead contraband | Complaint adequate under o; prima facie case for contraband established |
Key Cases Cited
- Edwards v. State of Ga., 290 Ga.App. 467 (2008) (describing sufficiency of ownership descriptions)
- Gravley v. State of Ga., 285 Ga.App. 691 (2007) (proper pleading in forfeiture actions)
- Jones v. State of Ga., 241 Ga.App. 768 (2000) (ownership description sufficiency standard)
- Hinton v. State of Ga., 224 Ga.App. 49 (1996) (pleading essential elements versus essential facts)
- Dennis v. State of Ga., 224 Ga.App. 11 (1996) (reasonableness in strict pleading requirements)
- Howard v. State of Ga., 223 Ga.App. 323 (1996) (pleading and forfeiture standards for property)
- Bain v. State, 258 Ga. App. 440 (2002) (concerning forfeiture pleadings and standards)