Legal Opinion
Swails v. State of Ga.
Supreme Court of Georgia
Decided June 14, 1993No. S93A0395PublishedCited by 20 opinions
1Opinion of the Court
Carley, Justice.
Pursuant to OCGA § 16-13-49, the State filed a petition for forfeiture of property seized from appellant’s place of business. Appellant answered, seeking the return of the property. Although OCGA § 16-13-49 (o) (5) and (p) (6) provide that the proceeding “must be held by the court without a jury[,]” appellant nevertheless filed a demand for jury trial and attacked the constitutionality of those statutory provisions. Following a hearing, the trial court found no merit in appellant’s constitutional challenge to the statutory provisions mandating a bench trial. The trial court…
2Cases cited9 opinions
- Curtis v. LoetherSupreme Court of the United States · 1974
- Parsons v. Bedford, Breedlove, & RobesonSupreme Court of the United States · 1830
- Van Oster v. KansasSupreme Court of the United States · 1926
- Flint River Steamboat Co. v. FosterSupreme Court of Georgia · 1848
- Bryan v. Georgia Public Service CommissionSupreme Court of Georgia · 1977
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3Cited by20 opinions
- State v. HendersonSupreme Court of Georgia · 1993
- State v. BrownNorth Dakota Supreme Court · 2009
- State v. One 1990 Honda AccordSupreme Court of New Jersey · 1998
- State v. Items of Real Property Owned and/or Possessed by ChilinskiMontana Supreme Court · 2016
- Nodvin v. State Bar of GeorgiaSupreme Court of Georgia · 2001
15 more not listed; retrieve them via the Exa API.