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Bourassa v. State

Citations: 323 Ga. App. 435; 746 S.E.2d 815; 2013 Fulton County D. Rep. 2611; 2013 WL 3660315; 2013 Ga. App. LEXIS 656Docket: A13A0092

Court: Court of Appeals of Georgia; July 16, 2013; Georgia; State Appellate Court

Narrative Opinion Summary

This case concerns the reversal of forfeiture judgments against appellants Jason Bourassa, Jeffrey Bourassa, and Cheri Rau in an in rem civil forfeiture action. The state alleged the properties in question were connected to illegal drug activities and sought forfeiture. After the appellants claimed ownership and denied forfeiture, the trial court struck their answers and granted forfeiture judgments due to procedural delays. The appellants successfully appealed based on the state's failure to conduct a timely hearing as required under OCGA. 16-13-49, which mandates a hearing within 60 days of an answer unless continued for good cause. The state argued that a federal civil lawsuit involving Rau warranted the delay, but the court found this justification insufficient, noting that the statute only permits stays during related criminal trials. The appellate court highlighted the need for strict adherence to statutory requirements in forfeiture proceedings, ultimately reversing the judgments due to significant procedural delays. This decision renders moot any additional arguments by the appellants, emphasizing the importance of strict statutory interpretation and the timely resolution of forfeiture actions.

Legal Issues Addressed

Consequences of Delay in Forfeiture Proceedings

Application: The failure to conduct a timely hearing led to the dismissal of the state's complaint, despite the state's efforts to strike the appellants' answers.

Reasoning: The failure to conduct a timely hearing resulted in the dismissal of the state’s complaint.

Effect of Related Civil Litigation on Forfeiture Proceedings

Application: The court rejected the state's argument that a related federal civil case justified delaying the forfeiture hearing beyond the statutory limit.

Reasoning: The state argued that a federal civil case filed by Rau justified this delay, but the court found that the relevant statute only allows stays during related criminal trials, not civil cases.

Mandatory Hearing Requirement under OCGA. 16-13-49

Application: The case was reversed due to the state's failure to conduct a hearing within the required 60-day period following the appellants' response.

Reasoning: Under OCGA. 16-13-49, a hearing is required within 60 days of an answer unless continued for good cause.

Strict Construction of Forfeiture Statutes

Application: The court emphasized strict construction against the state in forfeiture proceedings, reversing the judgments due to procedural delays.

Reasoning: Forfeiture of property is not favored in law; thus, statutes governing it must be interpreted strictly.