· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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