Legal Opinion

Kirby v. State

Indiana Supreme Court

Decided April 27, 2018No. Supreme Court Case No. 18S–CR–79PublishedCited by 5 opinions

1Opinion of the Court

Rush, Chief Justice.

Post-conviction relief is both limited and exclusive. It is available only within the strictures of the post-conviction rules, and when the rules allow post-conviction proceedings, relief generally cannot be pursued any other way.

Here, the petitioner tried to use post-conviction proceedings to challenge a statute barring him, as a serious sex offender, from school property. But that restriction is a collateral consequence of his conviction-and the post-conviction rules generally allow challenges only to a conviction or sentence. While we thus affirm the denial of…

2Cases cited17 opinions

  1. Chaidez v. United StatesSupreme Court of the United States · 2013
  2. Reed v. StateIndiana Supreme Court · 2006
  3. Daniel Lee Pierce v. State of IndianaIndiana Supreme Court · 2015
  4. Lee v. StateIndiana Supreme Court · 2004
  5. Lambert v. StateIndiana Supreme Court · 2001

12 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State of Indiana and Indiana Bureau of Motor Vehicles v. Daniel ReinhartIndiana Supreme Court · 2018
  2. Nathan Healey v. Robert Carter, Commissioner of the Indiana Department of CorrectionsIndiana Court of Appeals · 2018
  3. Charles Gamble v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2018
  4. Maddenco, Inc. v. ReedDistrict Court, M.D. Louisiana · 2025
  5. State of Indiana v. BHIndiana Supreme Court · 2025

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API