The Eighth Amendment’s protection against excessive fines places not only an instrumentality limit on use-based in rem fines, but also a proportionality one. Based on the totality of the circumstances, if the punitive value of the forfeiture is grossly disproportional to the gravity of the underlying offenses and the owner’s culpability for the property’s criminal use, the fine is unconstitutionally excessive.
L. Rush
In re Ma.H., No. 19S-JT-323, __ N.E.3d __ (Ind., Oct. 31, 2019).
Trial court did not violate father’s Fifth Amendment privilege against self-incrimination by requiring father to select and complete a course of sex-offender treatment as part of civil child welfare proceedings.
In re M.I., No. 19S-JT-281, __ N.E.3d __ (Ind., Aug. 9, 2019).
Despite Mother’s ongoing inability to secure suitable housing, the trial court properly concluded that terminating her parental rights would not be in her children’s best interests.
Hodges v. State, No. 19S-MI-117, __ N.E.3d __ (Ind., June 27, 2019).
Trial court properly ordered state police officers to turn over to federal authorities cash believed to be the proceeds of drug trafficking that was seized through a valid search warrant.
Tunstall v. Manning, No. 19S-CT-18, __ N.E.3d __ (Ind., June 26, 2019).
An expert witness’s professional-licensure status and the reasons for professional discipline may be admissible to challenge the expert’s credibility.