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INDIANAPOLIS — Indiana residents are entitled to a trial by jury when the government seeks to confiscate their money or property through the civil forfeiture process, the state’s high court
The Eighth Amendment prohibition against excessive fines and fees applies to states as well, SCOTUS rules, opening a new way to challenge outlandish forfeitures.
The Supreme Court's 2018 ruling in Timbs v. Indiana revived the Excessive Fines Clause. Now state courts have to come up with tests to determine what's excessive.
Posts about james o'malley written by Tim Cushing