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Criminal Procedure Keyed to Chemerinsky
Timbs v. Indiana
Citation:139 S.Ct. 682 (2019)
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Indiana (Respondent) filed a civil forfeiture action against Timbs (Petitioner) after Timbs had pleaded guilty in criminal court to dealing in a controlled substance. At the time of Timbs’s arrest, the police seized his vehicle; Indiana subsequently brought this civil suit, charging that the vehicle had been used to transport heroin and thus forfeiture was required. The lower court determined that forfeiture of the vehicle would be grossly disproportionate to the gravity of Timbs’s offense and thus unconstitutional under the Eighth Amendment.
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