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High court rules on prisoners issues

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The Indiana Supreme Court handed down two opinions Wednesday in which the high court expressly adopted the "prison mailbox rule" and determined a majority of the Indiana Parole Board constitutes the full parole board when making final decisions.

Even though the state has regularly used the "prison mailbox rule" to determine whether court filings made by prisoners are timely under appellate rules, the Supreme Court never expressly adopted the rule. The high court did so in Regunal Dowell v. State of Indiana, No. 32S01-1003-PC-136, requiring that litigants must still provide reasonable, legitimate, and verifiable documentation of the filing.

Dowell appealed the post-conviction court's denial of his motion to correct error. He claimed he put the motion in the correctional facility's mail system within the 30-day deadline, although it wasn't file stamped by the county clerk until two days later. The Indiana Court of Appeals affirmed the post-conviction court.

The high court went through several previous cases involving the mailbox rule and explained that pro se prisoners need to provide reasonable, legitimate, and verifiable documentation supporting the claim that a document was timely submitted to prison officials for mailing. When the proof is lacking, the courts can't rule the filing was timely. Under Indiana Trial Rule 5, the mailbox rule applies when the court can see the prisoner used certified mail, return receipt requested, and deposited the mailing by or before the filing deadline.

But Dowell used regular mail, and had no evidence to show he timely filed his motion, so the trial court appropriately date-stamped it on the day it arrived in the clerk's office. The Supreme Court dismissed his appeal because it wasn't timely filed.

In Kevin S. Varner v. Indiana Parole Board, No. 45S04-0909-CR-407, the justices held that a majority of the Indiana Parole Board constitutes the "full parole board" under the statute governing final decisions that require the full parole board to make the determination. Only four members voted on whether Kevin Varner should be paroled; two voted yes, two voted no, and the fifth member wasn't present. Because he didn't receive a majority, he asked if there could be a rehearing so the fifth member could cast a vote, but the board denied his request. The Court of Appeals held that all five members were required by statute to vote on his parole.

The phrase "full parole board" isn't defined in Indiana Code Section 11-13-3-3(b), but the high court concluded it means that just a majority must vote, and not all five members. Reading the statute that way comports with the legislature's rules of statutory construction and interpreting it that way is supported by the board's administrative rules, wrote Justice Frank Sullivan. The justices also compared the statute to those governing workers' compensation, in which the courts have repeatedly held that a decision by the "full board" doesn't mean all five members participate in the hearing and final award, as long as a majority of the board approves the finding and award.

"...we believe the interpretation by the Court of Appeals would limit the ability of the Board to discharge its duties to a degree well beyond that which we believe the Legislature intended," wrote Justice Sullivan. "As the State points out, to require all Board members to vote on each parole decision would cause unnecessary delay in the grant of parole."

The Supreme Court vacated the Court of Appeals' opinion except for the portion addressing subject matter jurisdiction and denied Varner's request for a writ of mandamus.

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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