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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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