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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. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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