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No issue with all legislative logrolling

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Indiana Lawyer Rehearing

The Indiana Supreme Court offered some clues recently about why it’s ignored repeated attempts to address the issue of legislative logrolling, where multiple unrelated changes are stuffed into one massive bill that becomes law.

In a June 29 decision in Andre Peoples v. State of Indiana, No. 79S02-0912-CR-549, the court inserted some language that could serve as a warning to anyone who might want to challenge non-budget items being inserted into large budget bills – something that has caused controversy in the past.

Justice Frank Sullivan wrote for the unanimous court and tackled the criminal case, involving legislation about how three unrelated felonies of any kind could be eligible for enhanced sentences for a habitual offender. The ruling touched on a special rule enacted during a budget bill conference committee in 2001 that limited the use of certain substance offenses in making those kinds of enhancements.

“Because the 2001 amendment was contained in the bill enacting the biennial state budget, the change may have reflected a concern over the fiscal impact of incarcerating drug offenders,” the court wrote, noting that the original law was written in 1977 and that “It is not surprising that the provisions do not mesh perfectly.”

Those references to logrolling and the language used in describing the legislative action indicates that the court found no problem with the unrelated statutory language found in the budget bill, and that it even found on its own initiative a valid reason as to why it may have wended its way in there. Some have interpreted this to mean that any future challenge about logrolling could be struck down if the court sees a valid reason for the resulting law.
 

Rehearing on "Finding focus in laws" IL Oct. 28-Nov. 10, 2009

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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