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J. Forfeiture of seized property

State v. Michael J. Scott, et al., 2019 WI App 22; case activity (including briefs) Applying long-standing U.S. Supreme Court precedent, the court of appeals holds that the exclusionary rule can be used to defend against a civil forfeiture complaint filed by the state. But it also holds the state should have a shot at… Read More

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Tyson Timbs v. Indiana, USSC 17-1091, certiorari granted 6/18/18 Question presented: Whether the Eighth Amendment’s Excessive Fines Clause is incorporated against the States under the Fourteenth Amendment. Decision below: State v. Timbs, 84 N.E.3d 1179 (Ind. 2017) USSC Docket Scotusblog page (including links to cert petition, briefs, and commentary) The State sought to forfeit Tyson Timbs’s Land… Read More

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Terry Michael Honeycutt v. United States, USSC No. 16-142, 2017 WL 2407468 (June 5, 2017), reversing United States v. Honeycutt, 816 F.3d 362 (6th Cir. 2016); Scotusblog page (including links to briefs and commentary) A federal statute—21 U.S.C. § 853—mandates forfeiture of “any property constituting, or derived from, any proceeds the person obtained, directly or indirectly… Read More

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Sila Luis v. United States, USSC No. 14-419, 2016 WL 1228690 (March 30, 2016), vacating and remanding U.S. v. Luis, 564 Fed. Appx. 493 (11th Cir. 2014) (per curiam) (unpublished); Scotusblog page (including links to briefs and commentary) The question presented in this case is whether the pretrial restraint of a criminal defendant’s legitimate, untainted assets—that is… Read More

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State v. One 2013 Toyota Corolla, 2015 WI App 84; case activity (including briefs) While a co-owner’s interest in a car didn’t make her the owner for purposes of the “innocent owner” exception to property forfeiture under § 961.55(1)(d)2., forfeiture of her full financial interest violated the Eight Amendment’s prohibition against the levying of excessive fines… Read More

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State v. Tommy Lee Branch, 2015 WI App 65; case activity (including briefs) The circuit court had no authority to order cash seized from Branch on his arrest to be used to pay court obligations because there was no basis for concluding the money was not subject to return under § 968.20. As the court of appeals… Read More

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Steven Michael Leonard v. State of Wisconsin, 2015 WI App 57; case activity (including briefs) The court of appeals concludes that there’s no basis in the record for determining whether Leonard’s disorderly conduct conviction qualifies as a “misdemeanor crime of domestic violence” under the federal firearm prohibition, 18 U.S.C. § 922(g)(9), and therefore he is not barred from possessing… Read More

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Question presented: Whether the pretrial restraint of a criminal defendant’s legitimate, untainted assets (those not traceable to a criminal offense) needed to retain counsel of choice violates the Fifth and Sixth Amendments. Lower court decision: United States v. Sila Luis, 564 Fed. Appx. 493 (11th Cir. May 1, 2014) (unpublished) Docket Scotusblog page This decision will resolve a… Read More

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