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COA: No credit for pretrial home detention

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The Indiana Court of Appeals affirmed a trial court's decision not to award a man credit time for pretrial home detention, finding the man's rights weren't violated under the federal or Indiana constitutions.

Marques Lewis was arrested for criminal trespass and criminal gang activity and incarcerated. He later was released on his own recognizance to go on home detention. Lewis pleaded guilty to the charge of criminal trespass and pursuant to the plea agreement, his sentence couldn't be more than 730 days.

Lewis wanted credit for the actual days he served on home detention, claiming there was little difference between pre-trial home detainees and post-conviction home detainees. He based his argument on a response from Community Corrections regarding his inquiry about the difference between the two, which said the only differences between the two could be any additional conditions the court may order, such as additional testing. The trial court denied giving him credit for the 275 days he was on home detention.

In Marques Lewis v. State of Indiana, No. 49A05-0806-CR-319, the Court of Appeals examined the trial court's decision for an abuse of discretion because there isn't a statute mandating an award of credit time served while on pretrial home detention, wrote Judge Carr Darden.

The appellate court rejected Lewis' argument that treating people on pretrial home detention and post-sentence home detention differently violates the Equal Protection Clause. Lewis hadn't been convicted of a crime yet and when he was placed in home detention, he accepted the conditions he now asserts to be the same as those applying to post-sentence home detainees. Judge Darden noted Lewis would have earned more credit time had he remained in jail.

"Moreover, if Lewis had violated the conditions of his pretrial home detention, he would have risked being returned to jail to await trial while still presumed to be innocent; whereas, a post-sentence home detainee who violates conditions of home detention risks being sent to prison," he wrote.

Lewis' argument that the different treatment of people on pretrial home detention and post-sentence home detention violates Indiana's Equal Privileges and Immunities Clause also failed. Citing Senn v. State, 766 N.E.2d 1190 (Ind. Ct. App. 2002), the appellate court ruled home detention as a condition of pretrial release isn't "upon the same terms" as home detention as a condition of a sentence or probation.

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  1. Too many attorneys take their position as a license to intimidate and threaten non attorneys in person and by mail. Did find it ironic that a reader moved to comment twice on this article could not complete a paragraph without resorting to insulting name calling (rethuglican) as a substitute for reasoned discussion. Some people will never get the point this action should have made.

  2. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  3. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  4. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

  5. I have dealt with more than a few I-465 moat-protected government attorneys and even judges who just cannot seem to wrap their heads around the core of this 800 year old document. I guess monarchial privileges and powers corrupt still ..... from an academic website on this fantastic "treaty" between the King and the people ... "Enduring Principles of Liberty Magna Carta was written by a group of 13th-century barons to protect their rights and property against a tyrannical king. There are two principles expressed in Magna Carta that resonate to this day: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land." "To no one will We sell, to no one will We deny or delay, right or justice." Inspiration for Americans During the American Revolution, Magna Carta served to inspire and justify action in liberty’s defense. The colonists believed they were entitled to the same rights as Englishmen, rights guaranteed in Magna Carta. They embedded those rights into the laws of their states and later into the Constitution and Bill of Rights. The Fifth Amendment to the Constitution ("no person shall . . . be deprived of life, liberty, or property, without due process of law.") is a direct descendent of Magna Carta's guarantee of proceedings according to the "law of the land." http://www.archives.gov/exhibits/featured_documents/magna_carta/

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