ILNews

Court grants transfer in prisoner suit

Michael W. Hoskins
January 1, 2008
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The Indiana Supreme Court has agreed to hear a case involving whether a man's request challenging his prison detainment should have been treated as post-conviction relief or a writ of habeas corpus.

Justices granted transfer late last week in Floyd Tewell v. State of Indiana, No. 48A02-0701-PC-118, which comes after a Nov. 5, 2007, decision from the Court of Appeals that had affirmed a ruling from Madison Superior Judge Thomas Newman Jr.

The appeal stems from the court's denial of Tewell's petition for writ of habeas corpus, which the court had treated as a petition for post-conviction relief. Convicted of kidnapping and rape in the mid-1970s, Tewell had been sentenced to life imprisonment on the kidnapping conviction plus 20 years for the rape conviction. The parole board turned over the life sentence to 20 years in 1989 and he later earned parole in 1994. But a few years later, Tewell was arrested on drug charges and sentenced, and the parole board reinstated his life sentence.

Tewell filed a writ of habeas corpus in 2006, but the post-conviction court treated it as a PCR request and denied relief, granting the state's motion for summary disposition. He appealed on grounds that the court wrongly considered the petition as a request for post-conviction relief and also that the court wrongly found the parole board didn't discharge him from a life sentence.

The Court of Appeals agreed with the lower court, relying on a 2001 ruling in which it wrote that the purpose of the writ of habeas corpus is to bring the person in custody before the court for inquiry into the cause of restraint "only if he is entitled to an immediate release from an unlawful custody."

Appellate judges also determined that the life sentence wasn't discharged because Tewell hadn't been released on parole for his life sentence before turning it over to 20 years.
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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