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· 2/18/2005

$100 & a Black Cadillac v. State

Citations

  • 822 N.E.2d 1001
  • 2005 Ind. App. LEXIS 224
  • 2005 WL 387945

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that a party, in defending against a forfeiture action after pleading guilty to dealing in drugs, did “not have standing to question” whether the Civil Forfeiture Statute violated article 8, section 2
  • observing that Article 1, Section 30 prohibits only the automatic forfeiture to the State of property upon conviction
  • noting that the United States Supreme Court has held that forfeiture statutes causing “the forfeiture of an innocent owner’s property did not amount to an unconstitutional taking without compensation”
  • holding Indiana forfeiture statute subject to Excessive Fines Clause
  • holding Indiana forfeiture statute subject to Excessive Fines Clause
  • noting if Ellenstein were to argue, as part of her forfeiture action, that her guilty plea was invalid, such argument would be barred as a collateral attack on her conviction

Source: CourtListener parenthetical corpus (CC0).

Judges: May

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.