NACDL - Timbs v. Indiana

Amicus Brief

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)

Brief filed: 03/05/2018

Documents

Timbs v. Indiana

United States Supreme Court; Case No. 17-1091

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

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.