State v. Timbs

The Supreme Court reversed the trial court’s judgment concluding that the State’s proposed forfeiture of Defendant’s Land Rover that Defendant used to transport illegal drugs would violate the Eighth Amendment’s Excessive Fines Clause. The State sought to forfeit the Land Rover after Defendant pleaded guilty to one count of Class B felony dealing and one count of Class D felony conspiracy to commit theft. The trial court denied the State’s action, concluding that forfeiture would be an excessive fine under the Eighth Amendment. The Supreme Court reversed, holding (1) the United States Supreme Court has never enforced the Excessive Fines Clause against the states, and this court opts not to do so in this case; and (2) based on the trial court’s findings, the state proved it was entitled to forfeit the Land Rover. View "State v. Timbs" on Justia Law