Legal Opinion

Eddy v. McGinnis

Indiana Supreme Court

Decided May 31, 1988No. 20S03-8703-CV-302PublishedCited by 28 opinions

1Opinion of the Court

SHEPARD, Chief Justice.

This interlocutory appeal challenges the constitutionality of Indiana Code § 34-4-830-2. That statute provides that a defendant may not assert the possibility of eriminal punishment as a defense to a claim for punitive damages. The issue is whether Ind.Code § 34-4-30-2 violates the double jeopardy clause of the Indiana Constitution. We hold it does not.

Appellant Frances Eddy was injured when her car was struck by a car driven by Brian McGinnis. McGinnis had a blood alcohol content of .25 percent. The police ticketed him for driving while intoxicated, and the prosecutor…

2Cases cited16 opinions

  1. Helvering v. MitchellSupreme Court of the United States · 1938
  2. Breed v. JonesSupreme Court of the United States · 1975
  3. United States Ex Rel. Marcus v. HessSupreme Court of the United States · 1943
  4. Beatrice Mae Hansen v. Johns-Manville Products Corporation, Johns-Manville Sales CorporationCourt of Appeals for the Fifth Circuit · 1984
  5. Taber v. HutsonIndiana Supreme Court · 1854

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

3Cited by28 opinions

  1. Boehm v. Town of St. JohnIndiana Supreme Court · 1996
  2. Baldwin v. ReaganIndiana Supreme Court · 1999
  3. State Board of Tax Commissioners v. Town of St. JohnIndiana Supreme Court · 1998
  4. Cheatham v. PohleIndiana Supreme Court · 2003
  5. Adoptive Parents of M.L v. v. WilkensIndiana Supreme Court · 1992

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

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

Powered by the Exa API