Legal Opinion

State v. Henderson

Supreme Court of Georgia

Decided November 8, 1993No. S93G0044PublishedCited by 52 opinions

1Opinion of the Court

Hunt, Presiding Justice.

We granted certiorari to the Court of Appeals in Henderson v. State, 205 Ga. App. 542 (422 SE2d 666) (1992) to determine whether the requirement in OCGA § 16-13-49 (o) (5) regarding the time for hearings in forfeiture proceedings against controlled substances is mandatory or directory.1 The Court of Appeals held the statutory *509provision mandatory, reversing the trial court’s denial of the defendants’ motion to dismiss.2 We affirm.

The district attorney brought an in rem condemnation proceeding against property seized in a drug raid, and Henderson and Hatcher, as owners…

2Cases cited18 opinions

  1. Sanchez v. Walker County Department of Family & Children ServicesSupreme Court of Georgia · 1976
  2. City of Roswell v. City of AtlantaSupreme Court of Georgia · 1991
  3. Bass v. DoughtyCourt of Appeals of Georgia · 1909
  4. O'Neal v. SpencerSupreme Court of Georgia · 1948
  5. Lang v. StateCourt of Appeals of Georgia · 1983

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3Cited by52 opinions

  1. State of Ga. v. AlfordSupreme Court of Georgia · 1994
  2. Lewis v. StateSupreme Court of Georgia · 2008
  3. Charles H. Wesley Education Foundation, Inc. v. State Election BoardSupreme Court of Georgia · 2007
  4. O'DONNELL v. DurhamSupreme Court of Georgia · 2002
  5. Hardwick v. StateSupreme Court of Georgia · 1994

47 more not listed; retrieve them via the Exa API.

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