Commonwealth v. 1997 Chevrolet

DISSENTING OPINION by

Judge SIMPSON.

This case involves practice under the act commonly known as the Controlled Substances Forfeiture Act (Forfeiture Act).1 I respectfully dissent from the Majority opinion in several respects. First, I disagree with the Majority’s decision to effectively overrule a recent en banc decision and to adopt a new standard to evaluate penalty as part of an excessive fine analysis. Second, because the issue is not preserved and because I discern no error, I disagree with the Majority’s decision to require a new evaluation of the relationship of the forfeited property…