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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 But there's a problem with his argument: Section 4(g) doesn't mention polygraph tests, so his parole couldn't have been revoked based on an impermissible ex post fact application of that section, wrote Judge Mathias.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. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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