Legal Opinion

Avant v. State

Indiana Court of Appeals

Decided November 20, 2002No. 49A02-0111-CR-783PublishedCited by 4 opinions

1Opinion of the Court

OPINION

FRIEDLANDER, Judge.

In this interlocutory appeal from the denial of his motion to dismiss, Mare Avant challenges the constitutionality of Ind.Code Ann. § 35-48-4-8.3 (West 1998). Avant presents the following consolidated, restated issue for review: Are the penalties disproportional for the offenses set out in LC. § 85-48-4-8.8(a) and (c), thereby rendering the statute unconstitutional?

We affirm.

The underlying facts in this cause are brief. At 7:45 p.m. on October 16, 2001, Officer Linda Dulaney was dispatched to the parking lot of a retail establishment in Indianapolis to investigate a…

2Cases cited6 opinions

  1. State v. Moss-DwyerIndiana Supreme Court · 1997
  2. Rheem Manufacturing Co. v. Phelps Heating & Air Conditioning, Inc.Indiana Supreme Court · 2001
  3. Sales v. StateIndiana Supreme Court · 2000
  4. Landaw v. StateIndiana Supreme Court · 1972
  5. Matter of LehmanIndiana Supreme Court · 1997

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

3Cited by4 opinions

  1. Indiana Bureau of Motor Vehicles v. OrangeIndiana Court of Appeals · 2008
  2. Hevenor v. StateIndiana Court of Appeals · 2003
  3. Vertner v. StateIndiana Court of Appeals · 2003
  4. Vertner v. StateIndiana Court of Appeals · 2003

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