Habeas writ reverses resentencing from divided COA

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A Fulton County man who filed a writ of habeas corpus claiming he was falsely imprisoned won a reversal of a clarified sentencing order Tuesday, with one Court of Appeals judge saying he should be freed entirely.

In Derek Hale v. State of Indiana, 25A04-1301-CR-15, a majority of the appellate panel held that the trial court abused its discretion when it entered an order clarifying Hale’s sentence on a Class B felony possession of methamphetamine charge. The clarification by Fulton Superior Judge Wayne E. Steele added a year to the time Hale was ordered to serve on community corrections.

"To the extent that Judge Steele 'clarified' Hale’s sentence based upon his own recollection of what sentence he intended to impose, rather than examining the sentencing order and determining from it whether Hale was being detained illegally, we find that Judge Steele abused his discretion in ruling upon that petition," according to the majority opinion written by Judge Elaine Brown and joined by Judge Patricia Riley.

The opinion held that upon Hale’s completion of two years on work release he will have accumulated four years of good-time credit against his 10-year suspended sentence, transition to home detention and serve on probation thereafter.

But Judge Cale Bradford said in dissent that Hale had made his case. "Because I believe that Hale met his burden of proof of showing that he is being illegally detained in the Fulton County work release program ... and, as a result, is entitled to immediate release, I respectfully dissent," Bradford wrote.

"In the instant matter, Hale’s verified petition stated that he had been confined in the work release program for more than one year and that he had earned one day of credit time for each day served. The confining authority did not present a return containing any evidence that would disprove the statements contained in Hale’s verified petition. As such, Hale’s complaint was sufficient to make a prima facie showing that he was entitled to immediate release because he had completed his two-year term of confinement in the work release program," Bradford wrote.



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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...