Higgason v. Indiana Department of Correction

BOEHM, Justice.

James Higgason, Jr. brings this claim in the amount of $2109.111 for the cost of photocopying four copies of his 476-page habeas corpus petition.

The trial court dismissed Higgason’s claim under Indiana’s Three Strikes Law, Indiana Code § 34-58-2-1 (West Supp. 2007), finding that Higgason was barred from bringing a claim because he had filed three previous frivolous suits and was not in immediate danger of serious bodily injury.2 Higgason appealed, arguing that the Three Strikes law violated the Open Courts Clause found in article 1, section 12 of the Indiana Constitution. The…