Whether civil forfeiture of property constitutes criminal punishment under the Double Jeopardy Clause and whether United States v. Ursery remains consistent with the text, history, tradition, and original meaning of the Double Jeopardy Clause

1. 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? 2. 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. ii LIST OF PROCEEDINGS Oregon Supreme Court (S070217) Yamhill County, a political subdivision of the State of Oregon and forfeiting agency, on behalf of the Yamhill County Interagency Narcotics team (YCINT) seizing agency, on Review v. Real Property Commonly Known as: 11475 NW Pike Road, Yamhill Oregon, Yamhill County and Any Residence, Buildings, or Storage Facilities Thereon, Defendant in rem , and Sheryl Lynn Sublet, Claimant-Respondent on Review . Date of Final Opinion: November 21, 2024 Date of Reconsideration Denial: March 6, 2025 Oregon Court of Appeals (A173574) Yamhill County, a political subdivision of the State of Oregon and forfeiting agency, on behalf of the Yamhill County Interagency Narcotics team (YCINT) seizing agency, v. Real Property Commonly Known as: 11475 NW Pike Road, Yamhill Oregon, Yamhill County and Any Residence, Buildings, or Storage Facilities Thereon, Defendant in rem , and Sheryl Lynn Sublet, Claimant-Appellant . Date of Final Order: March 8, 2023 iii Yamhill County Circuit Court 18CV37372 Yamhill County, a political subdivision of the State of Oregon and forfeiting agency, on behalf of the Yamhill County Interagency Narcotics team (YCINT) seizing agency, Plaintiff v. Real Property Commonly Known as: 11475 NW Pike Road, Yamhill Oregon, Yamhill County and Any Residence, Buildings, or Storage Facilities Thereon, Defendant in rem , and Sheryl Lynn Sublet, Claimant . Date of Final Order: April 6, 2020