Indiana Supreme Court

Douglas Kirby v. State of Indiana

April 27, 2018

Summary

The Indiana Supreme Court held that a post-conviction proceeding cannot be used to challenge a statutory school-entry restriction imposed as a collateral consequence of a conviction rather than as part of the conviction or sentence. It affirmed the denial of post-conviction relief without deciding whether the restriction violated the Ex Post Facto Clause. The court explained that a declaratory-judgment action remains available for that challenge.