COA orders new hearing on $32K civil forfeiture
A Hancock County trial court must revisit the forfeiture of more than $32,000 related to a marijuana bust after the Indiana Court of Appeals found errors in various evidentiary rulings.
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Attorney-at-paw? Filter during Zoom hearing makes lawyer appear as cat
A West Texas judge has a word of caution to those attending court hearings via Zoom: Always check for filters before logging on. The advice came after a Texas lawyer had difficulty removing the filter during the hearing, assuring the judge, “I’m here live. I’m not a cat.”
Forfeiture case that went to SCOTUS before Indiana high court for third time
For the third time, the case regarding the forfeiture of a Marion man’s Land Rover went back before the Indiana Supreme Court on Thursday. Justices were asked once again to allow the state to forfeit the vehicle that Tyson Timbs was driving in 2013 when he was arrested for drug dealing.
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.
Appeals panel to hear arguments in traffic stop, cash forfeiture case
The Indiana Court of Appeals on Monday will hear oral argument in a civil forfeiture case involving the Hancock County prosecutor and tens of thousands of dollars.
Seized vehicle that sparked SCOTUS civil forfeiture ruling returned to owner
The Marion man at the center of an Indiana civil forfeiture case that went all the way to the U.S. Supreme Court reached a milestone in his case this week when his vehicle was returned to him. However, the court battle is not over.
Timbs civil forfeiture suit starts same as 7 years ago
It’s been seven years since Marion man Tyson Timbs lost his Land Rover to a law enforcement seizure, but the ensuing forfeiture litigation that has already made its way to the nation’s highest court is now heading into its second round of appeals.
Judge orders return of seized Land Rover that led to SCOTUS civil forfeiture case
After seven years, two appearances before the Indiana Supreme Court and a trip to the United States Supreme Court, a Marion man fighting for the return of his seized vehicle has won his battle, with a trial court judge ordering the “immediate” return of his SUV. But a pending appeal means the case is not over yet.
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.
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.
Timbs forfeiture case back in trial court for excessiveness ruling
Little more than a year after the United States Supreme Court handed down a landmark decision incorporating to the states the Eight Amendment protection against excessive fines, the Grant County man who bears the name of the case is headed back to trial.
COA affirms $17K forfeiture from man in mobile shootout case
A panel of appellate judges has affirmed the forfeiture of roughly $17,000 in cash seized from a man after his involvement in a mobile shootout in Indianapolis. The panel concluded there was a nexus between the money and qualifying criminal activity.
Southern District collects more than $3M in asset forfeiture in FY19
The Southern District of Indiana collected more than $10 million from criminal and civil actions and asset forfeitures in fiscal year 2019, with more than $3 million collected through asset forfeitures.
Civil forfeiture amendments don’t defeat prior forfeiture action, COA says
Legislative amendments to Indiana’s much-debated civil forfeiture scheme did not defeat a pre-existing forfeiture action in state court, the Indiana Court of Appeals ruled Friday, finding the amendments did not constitute an ex post facto law.
Stafford: Justices can’t kick Indiana’s civil forfeiture addiction
The term “excessive fine” is understandable. Unless you are a member of the Indiana Supreme Court. Then, in the context of civil asset forfeiture, the term becomes an enigma to be parsed in three dozen pages of ridiculous legal logic that even one of the five justices confessed he could not comprehend.
Majority justices remand Land Rover forfeiture case for excessiveness analysis
An Indiana civil forfeiture case that made its way to the United States Supreme Court will now return to the Grant Superior Court after the Indiana Supreme Court developed a framework for determining if the forfeiture of property is excessive under the Eighth Amendment.
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.
Civil forfeiture case back before Indiana justices on SCOTUS remand
For the third time in three years, Marion resident Tyson Timbs took his case before a Supreme Court. The man whose name became noted civil forfeiture caselaw said after arguments Friday, “I feel like I stand for something now.”
Divided Supreme Court upholds civil forfeiture reimbursement of law enforcement
The practice of diverting civil forfeiture proceeds away from the Common School Fund to reimburse law enforcement costs is constitutional under Article 8, Section 2 of the Indiana Constitution, the Indiana Supreme Court has ruled, answering the longstanding question of whether the constitution requires all forfeiture proceeds to go to the Common School Fund.
Justices allow seizure, turnover of $60K in alleged drug money
The Indiana Supreme Court has upheld the seizure of $60,000 in cash believed to be drug money, finding the officer who intercepted the parcel holding the cash had probable cause to think the package was related to drug trafficking. The unanimous ruling also upholds the turnover of the cash to the federal government, though it doesn’t address whether the money will be forfeited. The Court of Appeals previously had ruled the seizure was unlawful.