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COA: Trial court to decide pre-sentencing educational credit time

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A trial court is the proper authority to determine credit if a defendant earns educational credit time prior to sentencing, the Indiana Court of Appeals ruled today.

In David K. Murphy v. State of Indiana, No. 18A02-1002-CR-213, David Murphy appealed the trial court’s decision denying him educational credit time, arguing the trial court is the correct authority to determine whether to grant such credit for receiving his general educational development diploma prior to sentencing.

The state charged Murphy Aug. 19, 2008, with Class B felony aggravated battery and Class D felony strangulation. During his pre-trial confinement, he earned a GED. He also attended 21 church services, 38 GED classes, 10 parenting classes, and 16 Alcoholics Anonymous/Narcotics Anonymous chemical dependency sessions. Murphy pleaded guilty Nov. 12, 2009, to Class B felony aggravated battery and the other charge was dismissed.

The trial court sentenced him Jan 7, 2010, to the Department of Correction for 8 years – 6 years executed and 2 years suspended. At sentencing, Murphy asked the court to grant him 6 months of educational time credit for receiving his GED. The court granted him pre-trial confinement credit time of 511 days for time served, with class I credit time for an additional 511 days. The court said Murphy could seek higher educational credit time at the DOC.

Murphy filed a motion Jan. 12, 2010, to correct error regarding his request for educational credit time, which the trial court denied, saying it did not have authority to consider the request until he exhausted his administrative remedies within the DOC.

However, Murphy argued the trial court is the proper authority to determine such credit time when a defendant completes an educational degree before sentencing.

Murphy relied on Tumbleson v. State, 706 N.E.2d 217 (Ind. Ct. App. 1999), in which the court assumed that the trial court was the proper authority for determining whether the defendant was entitled to a sentence reduction for earning his GED while in custody pending trial.

The state’s reliance on Sander v. State, 816 N.E.2d 75 (Ind. Ct. App. 2004), was misplaced in the instant case, the appellate court determined.

Sander is distinguishable because the defendant in that case completed his educational degree while serving his sentence in the Department of Correction. Here, Murphy completed his degree while in pre-trial confinement,” Judge Terry Crone wrote.

The appellate court also noted the trial court is in a better position than the DOC to determine whether educational credit time should be granted for a degree earned prior to sentencing.

The Court of Appeals reversed the trial court and remanded for further proceedings.
 

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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