Timbs v. Indiana

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioners

Brief filed: 09/11/2018

Documents

Timbs v. Indiana

United States Supreme Court; Case No. 17-1091

Prior Decision

Decision below 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)

State courts may not discriminate against federal defenses. The Supremacy Clause requires state courts to adjudicate federal law when applicable. Where state courts have attempted to escape their constitutional duty to apply federal law, this Court has repeatedly held them accountable. Federal defenses based on incorporation are not exempt from the non-discrimination rule.

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Author(s)

Jeffrey T. Green, Michael B. Buschbacher, and Ray Mangum, Sidley Austin LLP, Washington, DC