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Indiana Supreme Court Applies Recently Announced Proportionality Framework for In Rem Fines and Holds Forfeiture of $35,000 Land Rover Grossly Disproportionate to Underlying Offense in Violation of Eighth Amendment, Ending 7-Year Saga

Loaded on Sept. 15, 2021 by Douglas Ankney published in Criminal Legal News October, 2021, page 40
Filed under: Eighth Amendment, Seizure of Prisoner Funds. Location: Indiana.

by Douglas Ankney

The Supreme Court of Indiana affirmed the holding of the Grant Superior Court, which found that forfeiture of Tyson Timbs’ Land Rover was grossly disproportionate to his crime of conviction in violation of the Eighth Amendment’s Excessive Fines Clause.
Timbs had been prescribed opiates and had become ...

 

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  1. The Clash Between Closed-Source Forensic Tools and the Confrontation Clause, by Anthony Accurso
  2. Make Way for the Snitch State The All-Seeing Fourth Branch of Government, by Nisha Whitehead, John W. Whitehead
  3. Massachusetts Supreme Judicial Court: Withholding Exculpatory Statement Change by Key Witness Constitutes Brady Violation, Requiring New Trial, by Matthew Clarke
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  8. Fourth Circuit: Sentence Vacated for Failure to Properly Analyze Leadership Role Factors, by Anthony Accurso
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  13. "Sixth Circuit Grants Habeas Relief Because Trial Judge Redacted Key Portion of Witness’ Testimony Presented to Jury in Violation of Confrontation Clause", by Dale Chappell
  14. JusticeText Software Helps Defense Attorneys Review Audiovisual Evidence, by Anthony Accurso
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  16. Ninth Circuit: IAC Under Strickland Satisfies Rhines’ ‘Good Cause’ Standard to Stay Federal Habeas Petition, Allowing Exhaustion of State Court Remedies, by Dale Chappell
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  19. The Legacy of Len Bias, by Jayson Hawkins
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  21. North Dakota Supreme Court Holds Attempted Knowing Murder Is Non-Cognizable, by Matthew Clarke
  22. California Court of Appeal: § 1170.95(e) Permits Trial Courts to Redesignate More Than One Underlying Felony in Resentencing Vacated Felony-Murder Conviction, by Douglas Ankney
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  25. Arizona Supreme Court: Trial Courts Have Broad Discretion to Disqualify Entire Prosecutor’s Office Based on Appearance of Impropriety, by Douglas Ankney
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  42. News in Brief

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