Articles

Majority justices uphold return of seized Land Rover that went to SCOTUS

After seven-plus years of litigation, the Indiana Supreme Court has ruled in favor of a Marion man seeking the return of his seized white Land Rover. The majority justices concluded Thursday that Tyson Timbs met his high burden of showing that the harshness of his vehicle’s forfeiture was grossly disproportionate to the gravity of his underlying drug dealing offense and culpability for the vehicle’s misuse.

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The next step: Civil forfeiture reform efforts continue in Indiana

Civil forfeiture is back before the judicial and the legislative branches of Indiana government. A Senate bill would implement forfeiture reforms that practitioners say have long been necessary, while a case scheduled to go before the Indiana Supreme Court this month for the third time could further refine how trial courts consider whether a forfeiture is lawful.

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DTCI: Civil Forfeiture and the Eighth Amendment, Part Two

Attorneys representing governmental entities will serve their clients well to read the Indiana Supreme Court’s opinion from Timbs, which will provide insights into certain issues the court considers important in evaluating claims that a specific forfeiture violated the respondent’s rights under the Excessive Fines Clause of the Eighth Amendment.

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DTCI: Civil forfeiture and the Eighth Amendment

Attorneys representing entities that engage in civil forfeitures should familiarize themselves with the U.S. Supreme Court’s State v. Timbs ruling to ensure their clients comply with the ruling and the entity’s constitutional obligations.

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COA upholds seizure of pot dealer’s cash, but not truck

The Rush County prosecutor will be allowed to keep $22,907 in cash seized from a local marijuana dealer’s home safe that also contained his weed stash, the Indiana Court of Appeals ruled Thursday, but the state will have to return some seized property and also may have to return the man’s truck.

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