CopyPublished | Supreme Court of Georgia | Nov 19, 2024 | 320 Ga. 426
...issue might prevent us from reaching
the merits of the constitutional question, and as discussed more below, it in
fact does. And we asked whether the trial court erred by denying Garcia’s
motion for the immediate return of his property under OCGA §
9-16-7 (c),
2
As explained more below, we cannot reach that significant question
in this case, although it appears that the answer may well be “yes.”
Indeed, we suggested as much four years ago in a case in which
the same question was raised....
...within 60 days from the date of seizure, “the property shall be released on the
request of an owner or interest holder, pending a complaint for forfeiture
pursuant to Code Section
9-16-12 or
9-16-13, unless the property is being held
as evidence. . . .” But the text of OCGA §
9-16-7 (c) and the record in this case
support the trial court’s determination that Garcia was not entitled to the
return of his property, so that ground, by itself, does not warrant interlocutory
review....
