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STATE v. KIRBY

Court of Appeals Case No. 18A-PL-2334.

120 N.E.3d 574 (2019)

STATE of Indiana, Appellant-Defendant, v. Douglas KIRBY, Appellee-Plaintiff.

Court of Appeals of Indiana.

FILED March 4, 2019.

Attorney(s) appearing for the Case

Attorneys for Appellant: Curtis T. Hill, Jr. , Attorney General of Indiana, Stephen R. Creason , Chief Counsel, Indianapolis, Indiana.

Attorney for Appellee: Alan D. Wilson , Kokomo, Indiana.

Case Summary

The State appeals the trial court's entry of declaratory judgment, declaring that the unlawful-entry statute, Indiana Code Section 35-42-4-14(b) ("the Statute"), is an unconstitutional ex post facto law as applied to Douglas Kirby. We reverse and remand.

Issue

The State presents one issue...

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