Legal Opinion · Dissent

Rhim v. State

Indiana Court of Appeals

Decided November 26, 1975No. 2-474A95Published

1Dissent

*54Dissenting Opinion

Sullivan, P.J.

— I respectfully dissent from the refusal of the majority to consider Rhim’s standing to assert that the Indiana Abortion Statute is unconstitutional. Assuming argu-endo that Rhim has standing — a question briefed by the parties and very much at issue in this appeal but which the majority ignores — the merits of her constitutional argument should be treated.

Notwithstanding the majority’s emphasis of form over substance, the constitutional argument, I believe, is fairly contained within the Motion to Correct Error and its accompanying memorandum.

As stated by our…

2Cases cited5 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Board of Com'rs v. Kokomo City Plan Com'nIndiana Supreme Court · 1975
  3. Cheaney v. StateIndiana Supreme Court · 1972
  4. Board of Com'rs, Cty. of Howard v. Kokomo City Pl. C.Indiana Court of Appeals · 1974
  5. Rhim v. StateIndiana Court of Appeals · 1975

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