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High court rules on prisoners issues

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The Indiana Supreme Court handed down two opinions Wednesday in which the high court expressly adopted the "prison mailbox rule" and determined a majority of the Indiana Parole Board constitutes the full parole board when making final decisions.

Even though the state has regularly used the "prison mailbox rule" to determine whether court filings made by prisoners are timely under appellate rules, the Supreme Court never expressly adopted the rule. The high court did so in Regunal Dowell v. State of Indiana, No. 32S01-1003-PC-136, requiring that litigants must still provide reasonable, legitimate, and verifiable documentation of the filing.

Dowell appealed the post-conviction court's denial of his motion to correct error. He claimed he put the motion in the correctional facility's mail system within the 30-day deadline, although it wasn't file stamped by the county clerk until two days later. The Indiana Court of Appeals affirmed the post-conviction court.

The high court went through several previous cases involving the mailbox rule and explained that pro se prisoners need to provide reasonable, legitimate, and verifiable documentation supporting the claim that a document was timely submitted to prison officials for mailing. When the proof is lacking, the courts can't rule the filing was timely. Under Indiana Trial Rule 5, the mailbox rule applies when the court can see the prisoner used certified mail, return receipt requested, and deposited the mailing by or before the filing deadline.

But Dowell used regular mail, and had no evidence to show he timely filed his motion, so the trial court appropriately date-stamped it on the day it arrived in the clerk's office. The Supreme Court dismissed his appeal because it wasn't timely filed.

In Kevin S. Varner v. Indiana Parole Board, No. 45S04-0909-CR-407, the justices held that a majority of the Indiana Parole Board constitutes the "full parole board" under the statute governing final decisions that require the full parole board to make the determination. Only four members voted on whether Kevin Varner should be paroled; two voted yes, two voted no, and the fifth member wasn't present. Because he didn't receive a majority, he asked if there could be a rehearing so the fifth member could cast a vote, but the board denied his request. The Court of Appeals held that all five members were required by statute to vote on his parole.

The phrase "full parole board" isn't defined in Indiana Code Section 11-13-3-3(b), but the high court concluded it means that just a majority must vote, and not all five members. Reading the statute that way comports with the legislature's rules of statutory construction and interpreting it that way is supported by the board's administrative rules, wrote Justice Frank Sullivan. The justices also compared the statute to those governing workers' compensation, in which the courts have repeatedly held that a decision by the "full board" doesn't mean all five members participate in the hearing and final award, as long as a majority of the board approves the finding and award.

"...we believe the interpretation by the Court of Appeals would limit the ability of the Board to discharge its duties to a degree well beyond that which we believe the Legislature intended," wrote Justice Sullivan. "As the State points out, to require all Board members to vote on each parole decision would cause unnecessary delay in the grant of parole."

The Supreme Court vacated the Court of Appeals' opinion except for the portion addressing subject matter jurisdiction and denied Varner's request for a writ of mandamus.

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  1. Ah ha, so the architect of the ISC Commission to advance racial preferences and gender warfare, a commission that has no place at the inn for any suffering religious discrimination, see details http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 ..... this grand architect of that institutionalized 14th amendment violation just cannot bring himself to utter the word religious discrimination, now can he: "Shepard noted two questions rise immediately from the decision. The first is how will trial courts handle allegations of racism during jury deliberations? The second is does this exception apply only to race? Shepard believes the exception to Rule 606 could also be applied to sexual orientation and gender." Thus barks the Shepard: "Race, gender, sexual orientation". But not religion, oh no, not that. YET CONSIDER ... http://www.pewforum.org/topics/restrictions-on-religion/ Of course the old dog's inability to see this post modern phenomena, but to instead myopically focus on the sexual orientation issues, again betrays one of his pet protects, see here http://www.in.gov/judiciary/admin/files/fair-pubs-summit-agenda.pdf Does such preference also reveal the mind of an anti-religious bigot? There can be no doubt that those on the front lines of the orientation battle often believe religion their enemy. That certainly could explain why the ISC kicked me in the face and down the proverbial crevice when I documented religious discrimination in its antechambers in 2009 .... years before the current turnover began that ended with a whole new court (hallelujah!) in 2017. Details on the kick to my face here http://www.wnd.com/2011/08/329933/ Friends and countrymen, harbor no doubt about it .... anti-religious bias is strong with this old dog, it is. One can only wonder what Hoosier WW2 hero and great jurist Justice Alfred Pivarnik would have made of all of this? Take this comment home for us, Gary Welsh (RIP): http://advanceindiana.blogspot.com/2005/05/sex-lies-and-supreme-court-justices.html

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  3. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  4. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  5. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

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