Tag Archives: State Constitutional Law Case Briefs

Kostas v. Johnson

69 N.E.2d 592 (Ind. 1946) The Facts A judge failed to act on a filed case within 90 days. Relator filed for the judge to be banned from hearing the case, per statute. Respondent argued that the statute was “unconstitutional …

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City of South Bend v. Kimsey

781 N.E.2d 683 (Ind. 2003) Facts The IN legislature added code that only applied to counties of 200K to 300K population. The provision allowed landowners to block annexation by a municipality, even if the municipality otherwise followed existing law. Only …

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Bayh v. Ind. State Bldg. and Const. Trades Council

674 N.E.2d 176 (Ind. 1996) Facts Lake Superior court enjoined the Governor from enforcing the Prevailing Wage Act because the 1995 amendments to the act had violated Article IV of the IN Constitution (“confines all acts, except those codifying, revising …

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A.B. v. State

949 N.E.2d 1204 (Ind. 2011) The Facts The trial court ruled that IC 31-40-1-2(f) was unconstitutional. The state legislature passed a bill into law which absolved IN from paying for any child placed out of state by the Department of …

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Walden v. State

895 N.E.2d 1182 (Ind. 2008) Facts Defendant was driving under a controlled substance when he flipped the car, killing his then fiancé. At trial he was found guilty and was subject to the habitual offender legislation procured by the state …

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