Opinions April 27, 2017
Indiana Supreme Court
Douglas Kirby v. State of Indiana
18S-CR-79
Criminal. Affirms the denial of Douglas Kirby’s petition for post-conviction relief, but does not reach the merits of Kirby’s ex-post facto claim. Finds Indiana’s post-conviction rules do not let Kirby bring his ex post facto claim in a post-conviction proceeding because Kirby is challenging a collateral consequence instead of his conviction or sentence. Also finds the post-conviction rules do not bar Kirby from pursuing his claim in a declaratory judgment action.