Glenn v. State
320 Ga. App. 214
| Ga. Ct. App. | 2013Background
- State filed in rem Complaint for Forfeiture under OCGA § 16-13-49 against $17,900 and a safe on Feb. 8, 2012; Glenn answered and counterclaimed seeking $44,700 in settlement funds.
- Trial court struck Glenn’s Answer and Counterclaim for insufficient factual detail under OCGA § 16-13-49 (o) (3) (F); judgment of forfeiture entered May 30, 2012.
- Glenn alleged $44,700 originated from two settlement checks ($29,000 each) issued to him; he claimed the money was in a safe.
- TPO issued against Glenn on Dec. 20-21, 2011; deputies removed Glenn’s safe from a residence and found marijuana, firearms, $17,900, and other items.
- The safe, located in a former residence, contained marijuana packaged for distribution; Glenn later admitted the marijuana belonged to him and that he held the cash for safekeeping; currency is fungible and difficult to trace.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in striking Glenn’s Answer | Glenn failed to provide all essential facts; did not comply with (o)(3)(F) | Glenn’s pleadings satisfied (o)(3)(D); sufficient to warrant a hearing | No, error; pleading sufficient for hearing |
| Whether the State established a prima facie case for forfeiture | Money found with contraband supports nexus to forfeiture under (s)(2) | No required actual sale; strong nexus suffices | Yes, prima facie case supported |
Key Cases Cited
- Rabern v. State of Ga., 221 Ga. App. 874 (Ga. App. 1996) (forfeiture may be supported without proof of actual sale; strong nexus suffices when quantity is small)
- Howard v. State of Ga., 223 Ga. App. 323 (Ga. App. 1996) (proceedings require a pleading and nexus between property and conduct)
- Arreola-Soto v. State of Ga., 314 Ga. App. 165 (Ga. App. 2012) (strict pleading requirements for forfeiture actions; fungible property)
- Baker v. State of Ga., 269 Ga. App. 722 (Ga. App. 2004) (fungibility of currency affects tracing in forfeiture)
- Edwards v. State of Ga., 290 Ga. App. 467 (Ga. App. 2008) (states burden shifts to claimant after prima facie case)