Statutory Interpretation

By: Derek Hawkins//April 1, 2019//

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7^th Circuit Court of Appeals

Case Name: Leroy Washington v. Marion County Prosecutor

Case No.: 17-2933

Officials: FLAUM, RIPPLE, and MANION, Circuit Judges.

Focus: Statutory Interpretation

Indianapolis police stopped a car driven and owned by Leroy Washington in September 2016. Washington was arrested and ultimately charged with multiple Indiana crimes, including dealing in marijuana. Police seized his vehicle for forfeiture. Washington brought a class action constitutional challenge. The district court declared Indiana’s vehicle forfeiture statute (I.C. 34-24-1-1(a)(1) read in conjunction with other provisions in the same chapter) unconstitutional. The Marion County Prosecutor appealed. While the appeal pended, Indiana amended the statute. The Prosecutor argues the amendments fix any constitutional problems, but Washington disagrees. We remand to the district court to address the amendments.

Motion denied. Remanded

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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