3 ms·
https://casetext.com/case/von-hofe-v-us https://casetext.com/case/von-hofe-v-us :-) Claimants Harold and Kathleen von Hofe appeal from a civil judgment orderi
by phonon 8y ago
https://casetext.com/case/von-hofe-v-us https://casetext.com/case/von-hofe-v-us
:-)
Claimants Harold and Kathleen von Hofe appeal from a civil judgment ordering the forfeiture of their home, 32 Medley Lane. They contend the forfeiture violates the Excessive Fines Clause of the Eighth Amendment, which "limits the government's power to extract payments, whether in cash or in kind, as punishment for some offense." Austin v. United States, 509 U.S. 602, 609-10, 113 S.Ct. 2801, 125 L.Ed.2d 488 (1993) (internal citation and quotation marks omitted). We affirm the forfeiture of Mr. von Hofe's interest in 32 Medley Lane, but not the forfeiture of Mrs. von Hofe's interest. Because the extent of the forfeiture bears no correlation either with Mrs. von Hofe's minimal culpability or any harm she purportedly caused, the Excessive Fines Clause precludes forfeiture of her entire one-half interest in 32 Medley Lane.
- rtkwe 8y agoThis case seems to still have charges filed against the people having their assets seized and if I understand Alford plea kind of plead guilty but not really (Alford plea seems to be 'fine I'll go to jail but I'm innocent). On a related note this is one of the things that annoys me about trying to talk about legal things on the internet, often people just quote cases directly without saying anything about what it actually means! Then to try to understand what is trying to be said I have to spend 20 minutes looking up various legal jargon to try to piece together what's being said in the case. I understand that pretty much everything is built on case history in the legal world but just quoting cases is tough to parse.