Higgason v. Indiana Dept

2 Citing cases

  1. Halliburton v. Tenn. Bd. of Parole

    No. M2020-01657-COA-R3-CV (Tenn. Ct. App. Mar. 17, 2022)   Cited 2 times

    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."

  2. Smith v. Wrigley

    925 N.E.2d 747 (Ind. Ct. App. 2010)   Cited 5 times
    Holding the Three Strikes Statute does not violate the open courts or privileges and immunities clauses of the Indiana Constitution

    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."