ILNews

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

Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

ADVERTISEMENT