NACDL - Timbs v. Indiana

Timbs v. Indiana

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioners (On Petition for a Writ of Certiorari to the Supreme Court of Indiana)

Timbs v. Indiana

Brief Details

Case No.: 17-1091
Brief Filed: March 05, 2018
Jurisdiction: United States Supreme Court

Key Topics in the Brief

Civil Asset Forfeiture | Excessive Fines Clause | Fourteenth Amendment | Applicability to States

Briefs

Timbs-v-Indiana-Amicus.pdf

Prior Decision

84 N.E.3d 1179 (Ind. 2017)

Question Presented

Whether the Eighth Amendment’s Excessive Fines Clause is incorporated against the states under the Fourteenth Amendment

Argument(s)

In refusing to analyze whether the excessive fines clause applies to the states, the Indiana Supreme Court ignored its obligation to enforce the U.S. Constitution. The abuse of civil asset forfeiture by states like Indiana underscores the practical importance of this case.

Author(s)

Jeffrey T. Green and Michael B. Buschbacher, Sidley Austin LLP, Washington, DC; Sarah O’Rourke Schrup, Northwestern Supreme Court Practicum, Chicago, IL.