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.
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