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Cake day: August 1st, 2023

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  • “Culley and Sutton’s argument for a separate preliminary hearing appears in many respects to be a backdoor argument for a more timely hearing so that a property owner with a good defense against forfeiture can recover her property more quickly,” he wrote. “But the court’s precedents already require a timely hearing.”
    Alabama has since amended its forfeiture law to allow owners of seized property to request expedited hearings.
    “Our decision today does not preclude those legislatively prescribed innovations,” Justice Kavanaugh wrote. “Rather, our decision simply addresses the base-line protection of the due process clause.”
    

    Seems like it’s less about civil forfeiture and more about how quickly can they get their property back when civil forfeiture happens