Interest Groups

SCOTUS Decision in Timbs Civil Forfeiture Case Just a Start - Appellate Practice News

Get the news you want the way you want it: click the RSS button in the right corner to add this feed to your RSS reader, or click here to subscribe to this content. By subscribing, you’ll find this news on your Member Account page, and the latest articles will be emailed to you in your customized IndyBar E-Bulletin e-newsletter.

Appellate Practice News


Posted on: Mar 21, 2019

From the Indiana Lawyer:

The decision in an Indiana civil forfeiture case surprised almost no one. Based on the tone of the oral arguments, the United States Supreme Court’s ruling that the Eighth Amendment Excessive Fines Clause is incorporated to the states was a given to most attorneys.

The opinion handed down Feb. 20 in Tyson Timbs v. Indiana, 17-1091 brought nationwide uniformity to the incorporation question, attorneys say. The Indiana Supreme Court — along with courts in a handful of other states — had held that the Excessive Fines Clause had not been made applicable to the states, but the Timbs ruling specifically found incorporation via the 14th Amendment’s Due Process Clause.

Read more.

If you would like to submit content or write an article for the Appellate Practice Section, please email Kara Sikorski at ksikorski@indybar.org.

DID YOU KNOW?

Indianapolis Bar Association (IndyBar) est. 1878 | 4,536 Members (as of 2.11.21)