Goodwin v. State of Georgia

The $14,350 forfeiture to the State was reversed, since the hearing on the State's complaint was untimely scheduled 63 days after the defendant was served with the complaint.

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Following a bench trial in this in rem civil forfeiture action, Tasha Goodwin forfeited $14,350 to the State on the ground that it was used to facilitate the possession, sale, and distribution of marijuana. Goodwin appeals, arguing that the trial court 1 failed to conduct a hearing within 60 days of the forfeiture complaint being served, as required by OCGA § 16-13-49 o 5; and 2 erred in finding that the money was subject to forfeiture based on it being used to facilitate a drug transaction.1 Because we conclude that the hearing on the forfeiture action was untimely, we reverse.

Following a traffic stop involving Goodwin’s vehicle, the Butts County Sheriff’s Office seized $28,700 that it alleged was being used to facilitate the possession, sale, and distribution of marijuana. On August 19, 2011, the State filed, pursuant to OCGA § 16-13-49, a complaint for forfeiture. Service of the complaint was then perfected on Goodwin on August 24, 2011. Goodwin timely answered, averring that 1 she owned fifty percent of the seized money i.e., $14,350; 2 the money came from lottery winnings, legal settlements, death benefits, tax refunds, and profits derived from operating a beauty salon; and 3 the money was being used in order to hire an attorney to represent her fianc in a habeas-corpus action pending in Calhoun County. A notice of hearing was issued on September 26, 2011, setting the forfeiture hearing for October 26, 2011—63 days after the service of the complaint on Goodwin. For reasons not contained in the record, the hearing was continued on October 26 and two additional times before eventually being conducted on March 21, 2012. Following the March 21 hearing, the trial court issued an order and judgment forfeiting Goodwin’s money to the State. This appeal follows.

Goodwin v. State of Georgia

The $14,350 forfeiture to the State was reversed, since the hearing on the State's complaint was untimely scheduled 63 days after the defendant was served with the complaint.

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