State v. Carter

Phipps, Judge.

The State initiated this drug forfeiture proceeding under OCGA § 16-13-49. Named claimants to the seized property included Ricky and Myra Carter. In successive orders, the trial court denied the Carters’ motion to dismiss the proceeding, granted the State’s peti tion to condemn certain of the property, and authorized distribution of the property which had been forfeited. Upon being apprised of Blanks v. State of Ga., 1 however, the court later withdrew its earlier orders and dismissed this action because a hearing on the petition had not been conducted in a timely fashion.

The…