A.B. v. STATE

No. 71S00-1002-JV-156.

949 N.E.2d 1204 (2011)

In the Matter of A.B., Appellant (Respondent below), v. STATE of Indiana, Appellee (Petitioner below).

Supreme Court of Indiana.

June 29, 2011.


Attorney(s) appearing for the Case

Gregory F. Zoeller , Attorney General of Indiana, Thomas M. Fisher , Solicitor General of Indiana, Heather L. Hagan , Ashley Tatman Harwel , Deputy Attorney Generals, Indianapolis, IN, Attorneys for Appellant.

James A. Masters , Elizabeth Hardtke , South Bend, IN, Attorneys for Appellee.


DAVID, Justice.

This is a direct appeal of an Order of Modification from the St. Joseph County Probate Court declaring three statutes— Indiana Code sections 31-37-17-1.4, 31-37-18-9(a)-(b), and 31-40-1-2(f) — unconstitutional as violating the separation of powers principle under Article 3, Section 1 of the Indiana Constitution and the "one subject" rule under Article 4, Section 19.

We reverse the trial court's order and hold that the three statutes...

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