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COA: Parole revocation not unconstitutional

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The Indiana Court of Appeals affirmed that the decision to revoke a defendant's parole because he refused to take a polygraph test wasn't based on an impermissible ex post facto application of state statute.

In Charles Receveur v. Edwin Buss, et al., No. 33A04-0907-CV-394, Charles Receveur filed a pro se petition for a writ of habeas corpus claiming he was being illegally detained and that he should be released from incarceration because his parole had been unlawfully revoked. He claimed his parole revocation was based on a constitutionally impermissible ex post facto law.

Receveur was sent to prison in 1993 and was released on parole in 2008. He signed and initialed a document on parole stipulations for sex offenders. One of the conditions required him to participate in periodic polygraph testing, but Receveur never took one. As a result of his failure to comply with parole stipulations, he was re-incarcerated and assessed the balance of his sentence.

The trial court twice denied Receveur's request for release.

Receveur should have filed a petition for post-conviction relief instead of a writ of habeas corpus, the Court of Appeals noted. Receveur didn't claim he was entitled to be released because his sentence fully expired, but that his parole was improperly revoked. As such, his petition should have been treated as one for post-conviction relief, wrote Judge Paul Mathias.

"But regardless of how his petition was styled, we agree with the trial court that the underlying ex post facto claim in Receveur's petition is meritless," he noted.

Receveur claimed the parole stipulations he signed are authorized or required by Indiana Code Section 11-13-3-4(g), which was passed after Receveur had committed his crimes and been convicted. But there's a problem with his argument: Section 4(g) doesn't mention polygraph tests, so his parole couldn't have been revoked based on an impermissible ex post fact application of that section, wrote Judge Mathias.

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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