Commonwealth v. Fint

Respectfully, I dissent. .1 would agree with the Court of Appeals that the trial judge did not abuse his discretion in determining that the forfeiture of appellee’s truck was constitutionally excessive in light of the Eighth Amendment’s prohibition against “cruel and unusual punishment.”

The majority determines that the trial judge’s findings and conclusions are “clearly erroneous” because he determined that the forfeiture of appellees truck was “unnecessarily punitive.” As the basis for its conclusion, the majority asserts that because the value of the truck at the time of forfeiture was…