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State v. Huff

The defendant's answer to the state's complaint for the forfeiture of $1,270 it seized from the defendant's residence failed to comply with O.C.G.A. § 16-13-49 o 3's verification requirement.

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Following a hearing, the trial court denied the State’s complaint for forfeiture of $1,270 seized from the residence of Roy Lee Huff. The State appeals, arguing that because its pleadings were sufficient and Huff’s answer was insufficient under the forfeiture statute, OCGA § 16-13-49, the trial court erred in denying the State’s motion to dismiss the answer. The State claims that the court further erred in going forward with the hearing and in denying the forfeiture action against the property. The State also maintains that the trial court made clearly erroneous findings of fact in support of its ruling. We reverse because Huff’s answer was not legally sufficient and find, for this reason, the State is entitled to the property seized. The State filed a forfeiture complaint against approximately 21 grams of cocaine, 227 grams of marijuana, and $1,270 in U. S. Currency seized from Huff’s residence and served process on Huff and his wife, Shenette Huff. Huff answered and asserted a claim to the currency, which he contended was from the sale of a set of tire rims and not derived from a violation of the Georgia Controlled Substances Act.

The trial court, after finding various defects in the State’s complaint, ordered the State i to amend its complaint to set out as defendant in rem each and every item seized and to attach omitted exhibits, and ii to properly verify its complaint. The trial court also ordered Huff to verify his answer. The State filed an amended complaint and verification.

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