Legal Opinion · Concurrence

Martin v. State

Court of Appeals of Georgia

Decided June 16, 2008No. A08A0775Published

1ConcurrenceBernes, Judge

While I fully concur with Division 1 and the judgment, I do not agree with the reasoning of Division 2. The majority in Division 2 holds that appellant waived his argument that the state presented insufficient evidence that the Porsche was bought with proceeds from drug sales by never raising the issue in the forfeiture proceeding. In a civil proceeding such as a forfeiture action,3 the failure to object on sufficiency grounds in the court below does bar an appellant from arguing on appeal that he was entitled to judgment as a matter of law. Internal Medicine Alliance v. Budell, 290 Ga. App.…

2Cases cited5 opinions

  1. ALDWORTH CO., INC. v. EnglandSupreme Court of Georgia · 2006
  2. Internal Medicine Alliance, LLC v. BudellCourt of Appeals of Georgia · 2008
  3. Bettis v. State of GeorgiaCourt of Appeals of Georgia · 1997
  4. Baker v. StateCourt of Appeals of Georgia · 2004
  5. State v. RichardsonCourt of Appeals of Georgia · 2005

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