The Eighth Amendment’s Excessive Fines Clause does not bar the State from forfeiting Defendant’s vehicle because the United States Supreme Court has not held that the Clause applies to the States through the Fourteenth Amendment.
G. Slaughter
Esserman v. Ind. Dep't of Envtl. Mgmt., No. 49S02-1704-PL-00189, __ N.E.3d __ (Ind., Nov. 2, 2017).
Indiana has not abrogated common-law sovereign immunity for non-tort claims premised on the violation of a statute.
Price v. Ind. Dept. of Child Svcs., No. 49S05-1705-PL-285, __ N.E.3d __ (Ind., Aug. 28, 2017).
A judicial mandate cannot be issued to control Department of Child Services caseload requirements.
Miller v. State, No. 28S04-1707-CR-468, __ N.E.3d __ (Ind., July 12, 2017).
The correct legal standard to apply in an attempted murder case is whether the defendant had a “specific intent to kill.”
Hurley v. State, No. 49S05-1705-CR-346, __ N.E.3d __ (Ind., May 31, 2017).
Unless an individual clearly manifests an unwillingness to submit to a breathalyzer, a law-enforcement officer must administer a second test if the first returns an “insufficient sample” message.