Starks v. State

Indiana Supreme Court

Decided May 24, 1988

Indiana Supreme Court · decided 1988-05-24

Key passage — most relied on by later courts

“invades the province of the legislature and adds a restriction to the statute by judicial fiat.”

quoted by 1 later decision, including Seay v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-05-24

How this case has been cited

Cited by 27 later decisions — most recently April 2017 · most notably Mitchem v. State (1997), Cliver v. State (1996)

27 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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GIVAN, Justice,

¶1dissenting.

¶2I respectfully dissent from the majority in this case in granting the petition for rehearing. The petition for rehearing cites the same cases as cited in the original opinion and acknowledges that they do in fact hold as they were described in the original opinion. However, the opinion on rehearing chooses to readjust the law in this matter and from my point of view in fact invades the province of the legislature and adds a restriction to the statute by judicial fiat. If such a change is to be made, it should be made by the legislature not by this Court. The original opinion affirming the trial court should stand.

¶3PIVARNIK, J., concurs.