ILNews

COA: Parole revocation not unconstitutional

Back to TopE-mailPrintBookmark and Share

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 But there's a problem with his argument: Section 4(g) doesn't mention polygraph tests, so his parole couldn't have been revoked based on an impermissible ex post fact application of that section, wrote Judge Mathias.

ADVERTISEMENT

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

ADVERTISEMENT