Legal Opinion

Hamilton v. State Ex Rel. Van Natta

Indiana Court of Appeals

Decided March 6, 1975No. 1-974A138PublishedCited by 7 opinions

1Opinion of the CourtRobertson, C.J.

Hamilton brings this appeal from her conviction under the Habitual Traffic Offenders Statute contending that the statute is unconstitutional as an ex post facto law, bill of attainder and imposes double jeopardy.

We hold that the statute as applicable to Hamilton is constitutional.

On July 20, 1973, Hamilton was charged by affidavit with being an habitual traffic offender pursuant to IC 1971, 9-4-13-5. The affidavit specified seven traffic convictions, one offense and conviction occurring after September 1, 1972, the effective date of the act.

The trial court issued to Hamilton a rule to show…

2Cases cited5 opinions

  1. Flemming v. NestorSupreme Court of the United States · 1960
  2. Cummings v. MissouriSupreme Court of the United States · 1867
  3. United States v. LovettSupreme Court of the United States · 1946
  4. United States v. BrownSupreme Court of the United States · 1965
  5. State Ex Rel. Van Natta v. RisingIndiana Supreme Court · 1974

3Cited by7 opinions

  1. Woods v. StateIndiana Supreme Court · 1984
  2. Owens v. State Ex Rel. VanNattaIndiana Court of Appeals · 1978
  3. Hardin v. State Ex Rel. Van NattaIndiana Court of Appeals · 1978
  4. Velarde v. ZavarasSupreme Court of Colorado · 1998
  5. Abernathy v. GuldenIndiana Court of Appeals · 2016

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