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Justices rule man not disenfranchised under the Infamous Crimes Clause

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The Indiana Supreme Court hesitantly answered Thursday a certified question from the federal court as to whether misdemeanor battery is an “infamous crime” under Article II, Section 8 of the Indiana Constitution.

In David R. Snyder v. J. Bradley King and Trent Deckard, in their Official Capacities as Co-Directors of the Indiana Election Division; and Linda Silcott and Pam Brunette, No. 94S00-1101-CQ-50, David Snyder filed a lawsuit in the Southern District of Indiana, alleging violations of the National Voter Registration Act and other federal laws, as well as the Infamous Crimes Clause of the Indiana Constitution, which gives the General Assembly power to disenfranchise anyone convicted of an “infamous crime.” Snyder was convicted of Class A misdemeanor battery and informed by the St. Joseph County Board of Voter Registration that his registration had been canceled in accordance with state law. The General Assembly has enacted statutes under which a person convicted of a crime and sentenced to an executed term of imprisonment cannot vote while incarcerated. After his release, he never attempted to re-register as he is allowed and instead filed a lawsuit.

The justices took U.S. Judge William Lawrence’s certified question and reframed it as whether misdemeanor battery is an “infamous crime” under Article II, Section 8 of the Indiana Constitution, and if not, whether cancellation of Snyder’s voter registration violated the Indiana Constitution.

In the 30-page opinion, Justice Frank Sullivan explored the history of infamous crimes and previous caselaw to determine that Snyder’s conviction isn’t considered “infamous” under the Infamous Crimes Clause. The justices determined that whether a crime is infamous for purposes of the clause depends not on the nature of the punishment, but on the nature of the crime itself. They refused to make a bright-line rule that all misdemeanors would not fall under the Infamous Crimes Clause.

“We hold that an infamous crime is one involving an affront to democratic governance or the public administration of justice such that there is a reasonable probability that a person convicted of such a crime poses a threat to the integrity of elections,” wrote Sullivan. “An infamous crime may include some felonies and some misdemeanors, but crimes marked by gross moral turpitude alone are not sufficient to render a crime infamous for purposes of the Infamous Crimes Clause.”

The justices held that the Indiana Constitution wasn’t violated when Snyder was not allowed to vote during his incarceration.

“We hold that the Indiana General Assembly has authority under its general police power to disenfranchise persons incarcerated upon conviction of a crime, so long as the disenfranchisement lasts only for the duration of incarceration. That the statute cites the Infamous Crimes Clause as the basis for its enactment, instead of the general police power, does not render it invalid. This language in no way affects the purpose or effect of the statute, and we will not invalidate an otherwise constitutional statute merely because it includes an unnecessary statement of authority,” he wrote.

Sullivan also noted that the “troubling posture” of the case warranted further comment about addressing an issue of state constitutional law in the context of a certified question. He pointed out that Snyder filed his Section 1983 claim in federal court, which depends in large part on an alleged violation of state constitutional law. State courts have concurrent jurisdiction with federal courts over these claims, but by filing in the federal court and asking that Lawrence certify the question to the Indiana Supreme Court, Snyder has “successfully circumvented the normal course of litigation in Indiana courts,” wrote Sullivan.

The high court cautioned future litigants to be aware of the pitfalls of certified questions when deciding whether to proceed in state court or in federal court.
 

 

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  1. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  2. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  3. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  4. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  5. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

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