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Inmate’s action for credit time moot after DOC grants request

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A Henry Circuit judge correctly dismissed an inmate’s action for educational credit time as moot after the Department of Correction determined he was entitled to the time and awarded him the credit, the Indiana Court of Appeals held Monday.

Alvino Pizano was incarcerated for committing child molesting and neglect of a dependent in 2007. He was released on parole in 2010 but returned to the DOC in 2012 because of a parole violation. In November 2012, he filed an action arguing that the state had erroneously denied him credit time after he earned a bachelor’s degree from Ball State University. The trial court summarily denied his request, but the Court of Appeals remanded for a hearing on the matter.

In preparation for the hearing in February 2014, the DOC found that Pizano had in fact completed the requirements of the bachelor’s degree program and awarded him credit time. The state then filed a motion to dismiss the action as moot since the DOC awarded the time. The trial court agreed and granted the state’s motion.

Pizano appealed in Alvino Pizano v. Indiana Attorney General Gregory Zoeller, et al., 33A04-1402-MI-85, claiming the dismissal was an error.

Pizano is no longer incarcerated and he has not identified any potential negative collateral consequences of the action being dismissed, the COA held. Pizano argued that he should have had 496 days subtracted from his maximum parole release date because of the state’s initial denial of his request for credit time, but he does not cite to any relevant authority to support his claim.

“Furthermore, because the State has awarded Pizano credit time for earning his degree and Pizano has since been released from incarceration, the trial court properly determined that the matter was moot as Pizano had been granted all possible relief. The trial court did not err in vacating the scheduled hearing and dismissing the action as moot,” Judge Cale Bradford wrote.

 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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