ILNews

Court grants transfer in prisoner suit

Michael W. Hoskins
January 1, 2008
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The Indiana Supreme Court has agreed to hear a case involving whether a man's request challenging his prison detainment should have been treated as post-conviction relief or a writ of habeas corpus.

Justices granted transfer late last week in Floyd Tewell v. State of Indiana, No. 48A02-0701-PC-118, which comes after a Nov. 5, 2007, decision from the Court of Appeals that had affirmed a ruling from Madison Superior Judge Thomas Newman Jr.

The appeal stems from the court's denial of Tewell's petition for writ of habeas corpus, which the court had treated as a petition for post-conviction relief. Convicted of kidnapping and rape in the mid-1970s, Tewell had been sentenced to life imprisonment on the kidnapping conviction plus 20 years for the rape conviction. The parole board turned over the life sentence to 20 years in 1989 and he later earned parole in 1994. But a few years later, Tewell was arrested on drug charges and sentenced, and the parole board reinstated his life sentence.

Tewell filed a writ of habeas corpus in 2006, but the post-conviction court treated it as a PCR request and denied relief, granting the state's motion for summary disposition. He appealed on grounds that the court wrongly considered the petition as a request for post-conviction relief and also that the court wrongly found the parole board didn't discharge him from a life sentence.

The Court of Appeals agreed with the lower court, relying on a 2001 ruling in which it wrote that the purpose of the writ of habeas corpus is to bring the person in custody before the court for inquiry into the cause of restraint "only if he is entitled to an immediate release from an unlawful custody."

Appellate judges also determined that the life sentence wasn't discharged because Tewell hadn't been released on parole for his life sentence before turning it over to 20 years.
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  1. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  2. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  3. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  4. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  5. I presented my defense against discipline to the Virginia State Bar this morning and the 26-member Board of Discipline 100% rejected what Indiana has done to me, including what Ahler did. Discipline DISMISSED.

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