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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. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  2. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  3. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  4. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  5. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

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