Supreme Court of the United States · Official docket →
Real Property commonly known as: 11475 NW Pike Road, Yamhill, Oregon, Yamhill County and any residence, buildings, or storage facilities thereon, et al. v. Yamhill County, Oregon and forfeiting agency, on behalf of the YCINT seizing agency
Paid petition · Supreme Court of Oregon, No. S070217 · judgment November 21, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
-
Under Oregon law, in a contested civil forfeiture trial, property may be forfeited only if a jury finds that a person was convicted of a crime, that the property was a proceed or instrumentality of that crime, and that the forfeiture is substantially proportional to the offense. Does such a forfeiture constitute criminal punishment under the Double Jeopardy Clause?
-
Whether this Court’s holding in United States v. Ursery, 518 U.S. 267 (1996), that in rem forfeitures do not constitute criminal punishment, is consistent with the text, history, tradition, and original meaning of the Double Jeopardy Clause.
Counsel of record
For petitioner
Zachary Jared Stern
Stern Law
For respondent
Alyson E. Sneider
Harrang Long P.C.
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 06 2025Petition DENIED.
- Aug 27 2025DISTRIBUTED for Conference of 9/29/2025.
- Jun 27 2025Motion to extend the time to file a response is granted and the time is extended to and including August 6, 2025.
- Jun 24 2025Motion to extend the time to file a response from July 7, 2025 to August 6, 2025, submitted to The Clerk.
- Jun 04 2025Petition for a writ of certiorari filed. (Response due July 7, 2025)