Current:Home > MarketsIndiana high court finds state residents entitled to jury trial in government confiscation cases-InfoLens
Indiana high court finds state residents entitled to jury trial in government confiscation cases
View Date:2024-12-23 18:36:35
INDIANAPOLIS (AP) — Indiana residents are entitled to a trial by jury when the government seeks to confiscate their money or property through the civil forfeiture process, the state’s high court ruled.
In a 5-0 decision Tuesday, the Indiana Supreme Court found that the history of civil forfeiture proceedings, from medieval England to Indiana statehood, weighs in favor of letting a jury decide whether property allegedly associated with a crime should be seized by the state, The Times of Northwest Indiana reported.
“We hold that a claimant in an action brought under Indiana’s civil forfeiture statute has a constitutional right to trial by jury,” Justice Christopher Goff wrote on behalf of the court.
Tuesday’s ruling also establishes a new test for the jury-trial right contained in Article I, Section 20 of the Indiana Constitution.
The decision stems from a case involving Alucious Kizer, who was convicted in December 2022 of three counts of drug dealing and sentenced to a total of 20 years in state prison.
Kizer, 45, will now have an opportunity to get the jury trial he initially requested more than two years ago to determine whether the $2,435 in cash recovered during his arrest for drug dealing in Allen County should be forfeited.
Kizer was represented before the state Supreme Court by the Virginia-based Institute for Justice, which has repeatedly challenged Indiana’s civil forfeiture laws, including authorities’ seizure of a Land Rover belonging to Tyson Timbs of Marion, Indiana, who was arrested in 2013 for selling $400 in drugs. In that case, the U.S. Supreme Court ruled in 2019 that the U.S. Constitution’s ban on excessive fines applies to the states.
More than two years after the high court’s ruling, the Indiana Supreme Court ruled that Timbs could keep his $35,000 vehicle.
Sam Gedge, the senior attorney for the Institute for Justice, argued Kizer’s case before the Indiana Supreme Court. He said Tuesday that the justices’ unanimous ruling reinforces a fundamental constitutional guarantee.
“The right to a trial by jury of our peers is core to our system of justice. And for centuries, courts across the nation have confirmed the obvious: When the government sues to forfeit your property, you’re entitled to make your case to a jury,” Gedge said.
Indiana Attorney General Todd Rokita had argued in Kizer’s case that no right to a jury trial exists under the federal or state constitutions and that a trial by a judge is sufficient, since civil forfeiture of property in Indiana is a purely statutory procedure of relatively modern vintage.
The Associated Press emailed Rokita’s office Wednesday seeking comment.
veryGood! (2)
Related
- How Jersey Shore's Sammi Sweetheart Giancola's Fiancé Justin May Supports Her on IVF Journey
- USA men's volleyball stays unbeaten with quarterfinal win over Brazil
- Chiefs make Harrison Butker NFL's highest-paid kicker with contract extension, per reports
- USA vs. Germany live updates: USWNT lineup, start time for Olympics semifinal
- Kid Rock tells fellow Trump supporters 'most of our left-leaning friends are good people'
- Kehlani's Ex Javaughn Young-White Accuses Her of Being in a Cult
- Boar's Head listeria outbreak triggers lawsuit against deli meat company in New York
- Wayfair’s 60% off Bedding & Bath Sale Has Everything You Need for Your Dorm, Starting at $9
- Tesla issues 6th Cybertruck recall this year, with over 2,400 vehicles affected
- Finding Reno’s hot spots; volunteers to measure Northern Nevada’s warmest neighborhoods
Ranking
- Only 8 monkeys remain free after more than a week outside a South Carolina compound
- 2024 Olympics: Gymnast Carlos Yulo Wins Condo, Colonoscopies and Free Ramen for Life After Gold Medal
- Bangladeshi PM Sheikh Hasina resigns as widening unrest sees protesters storm her official residence
- Are pheromones the secret to being sexy? Maybe. Here's how they work.
- North Carolina offers schools $1 million to help take students on field trips
- Army offering $10K reward for information on missing 19-year-old pregnant woman
- Kehlani's Ex Javaughn Young-White Accuses Her of Being in a Cult
- Energy Department awards $2.2B to strengthen the electrical grid and add clean power
Recommendation
-
Bankruptcy judge questioned Shilo Sanders' no-show at previous trial
-
Democratic primary in Arizona’s 3rd District is too close to call, AP determines
-
Bangladeshi PM Sheikh Hasina resigns as widening unrest sees protesters storm her official residence
-
Jessica Simpson Addresses “Misunderstood” Claim About Her Sobriety
-
Everard Burke Introduce
-
Miss USA 2024 Alma Cooper Shares How Pageant Changed After Noelia Voigt Relinquished Her Title
-
Billy Ray Cyrus Settles Divorce From Firerose After Alleged Crazy Insane Scam
-
South Carolina school apologizes for employees' Border Patrol shirts at 'cantina' event