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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. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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