Tolliver v. State

I concur with the majority’s conclusion that the trial court erred in finding that appellant’s failure to perfect his security interest barred him from asserting that interest in the course of the forfeiture proceeding. I also concur in the majority’s decision to overrule Shepard v. State of Ga., 267 Ga. App. 604 (600 SE2d 691) (2004). However, I believe that the majority has incorrectly assumed that “the relevant facts are not in dispute.” In my view, such an assumption is unauthorized because we do not have a transcript of the forfeiture proceeding. Indeed, the state has asserted that the…