No. 22-6200

In Re Terry Lopez

Lower Court: N/A
Docketed: 2022-12-01
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-asset-forfeiture civil-procedure civil-rights constitutional-violation due-process eighth-amendment habeas-corpus innocent-owner-doctrine standing supreme-court-jurisdiction takings
Latest Conference: 2023-03-24 (distributed 2 times)
Question Presented (from Petition)

Whether the abuse of direction and mistake of Law perpetuated by The Fifth Circuit Runs afoul of the Supreme court honing in Timbs v. Indiana, February 20, 2018 when it unanimously ruling that the 8th Amendment is ban on wide spread but controversial practice of Civil Asset forfeiture, by which many states and Federal law enforcement agencies generated income, implicating David Lopez (Terry's spouse) prosecution and subsequent forfeiture of Terry Lopez's well documented house, from an inheritance, impermissible ignoring the "INNOCENT OWNER DOCTRINE"

Question Presented (AI Summary)

Whether the abuse of discretion and mistake of law perpetuated by The Fifth Circuit runs afoul of the Supreme Court's holding in Timbs v. Indiana, February 20, 2018 when it unanimously ruled that the 8th Amendment's ban on excessive fines applies to the states, implicating David Lopez (Terry's spouse)'s prosecution and subsequent forfeiture of Terry Lopez's well-documented house from an inheritance, impermissibly ignoring the 'innocent owner doctrine'

Docket Entries

2023-03-27
Rehearing DENIED.
2023-03-08
DISTRIBUTED for Conference of 3/24/2023.
2023-02-13
Petition for Rehearing filed.
2023-01-23
Petition DENIED.
2023-01-05
DISTRIBUTED for Conference of 1/20/2023.
2022-12-30
Waiver of right of respondent United States to respond filed.
2022-10-01
Petition for a writ of prohibition and motion for leave to proceed in forma pauperis filed. (Response due January 3, 2023)

Attorneys

Terry Lopez
Terry Lopez — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent