Legal Opinion · Dissent

Doe v. Hancock County Board of Healt

Indiana Supreme Court

Decided July 1, 1982No. 782S249Published

1Dissent

HUNTER, Justice,*

dissenting to grant of petition to transfer and dismissal.

I dissent to the majority’s dismissal of this case on a procedural technicality. The action of this Court in dismissing the matter on a technical basis effectively deprives the appellants of their constitutional rights of appellate review. This case involves a direct and substantial challenge to the constitutionality of an Indiana statute and involves a substantial issue of individual freedom. After an adverse decision in the trial court, appellants timely perfected their appeal to the Court of Appeals, First District,…

2Cases cited23 opinions

  1. Stanley v. IllinoisSupreme Court of the United States · 1972
  2. Personnel Administrator of Mass. v. FeeneySupreme Court of the United States · 1979
  3. Reed v. ReedSupreme Court of the United States · 1971
  4. Smith v. Organization of Foster Families for Equality & ReformSupreme Court of the United States · 1977
  5. Caban v. MohammedSupreme Court of the United States · 1979

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