In addressing Smith's claim, we note that the General Assembly enacted Indiana Code Section 34-10-1-3 in 2009, after the Indiana Supreme Court struck down its predecessor as an unconstitutional violation of the Open Courts Clause. Higgason v. Ind. Dep't of Correction, 883 N.E.2d 814, 815-16 (Ind. 2008). The predecessor statute, known as the "Three Strikes Law," was deemed to sweep so broadly as to operate as "an indiscriminate statutory ban, not merely a condition to access to the courts."
In addressing Smith's claim, we note that the General Assembly enacted Indiana Code Section 34-10-1-3 in 2009, after the Indiana Supreme Court struck down its predecessor as an unconstitutional violation of the Open Courts Clause. Higgason v. Ind. Dep't of Correction, 883 N.E.2d 814, 815-16 (Ind. 2008). The predecessor statute, known as the "Three Strikes Law," was deemed to sweep so broadly as to operate as "an indiscriminate statutory ban, not merely a condition to access to the courts."