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New SCOTUS Opinion Says Constitution's Excessive Fines Clause Applies to State Criminal Forfeiture Cases

Posted by Ed McClees | Feb 20, 2019

Today the United States Supreme Court issued an opinion in Timbs v Indiana where it declared that the Excessive Fines Clause of the Eighth Amendment to the Constitution applies to state forfeiture proceedings. The opinion, written by Justice Ginsburg, also stated that the Excessive Fines Clause applies to in rem forfeiture proceedings.  This case has the potential to disrupt the way that many courts look at forfeiture proceedings. 

About the Author

Ed McClees

Ed is a criminal trial lawyer who is Board Certified in Criminal Law by the Texas Board of Legal Specialization.  He is a former Harris County District Attorney where he served as chief of the Organized Crime Section, prosecuting cases involving complex organized criminal activities, including Fr...

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