Supreme Court clarifies credit time rules

Michael W. Hoskins
January 1, 2008
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A trio of opinions from the Indiana Supreme Court gives trial courts additional guidance about how to handle prisoner claims regarding how credit time is applied to sentences.

The three-ruling package deal came down late Thursday, with the court simultaneously granting transfer and deciding Keith Neff v. State of Indiana, No. 49S02-0806-CR-362; and Charles Young v. State of Indiana, Nos. 27S02-0806-PC-363 and 27S02-0806-PC-364.

Justice Frank Sullivan authored the decisions that are all designed to clarify a ruling the Supreme Court made in Robinson v. State, 805 N.E.2d 783 (Ind. 2004), which discussed procedures available to prisoners for correcting a sentence erroneous on the face of the judgment of conviction. These collateral issues are now being addressed in these new opinions.

First, in the main holding in Neff, the court unanimously decided that an abstract of judgment may function in the place of a formal judgment of conviction. But a prisoner must exhaust all administrative remedies within the Department of Correction before seeking judicial relief if the agency fails to give that person earned credit time, the court held.

Receiving a 20-year sentence for pleading guilty to a felony charge of dealing methamphetamine, Neff filed a motion claiming that he was only given half of the total 1,712 days of credit time toward his sentence. But the trial court and appellate court both rejected his argument on grounds that he'd only challenged an abstract of judgment, rather than an actual judgment of conviction. The Court of Appeals had relied on the holding in Robinson, where the justices had previously concluded state statutes governing credit time and motions to correct sentence couldn't be based on abstracts.

But Neff faced a practical problem: Marion County doesn't make a practice of issuing a formal judgment of conviction in addition to an abstract of judgment, the court found, which made it impossible for Neff to comply with the Robinson requirement.

"We would prefer that all trial courts issue judgments of conviction in compliance with I.C. 35-38-3-2," Justice Sullivan wrote. "However, we recognize that this has not historically occurred in Marion County, which has a very high volume of criminal cases. Therefore, when a defendant files a motion to correct an erroneous sentence in a county that does not issue judgments of conviction (we are currently aware only of Marion County), the trial court's abstract of judgment will serve as an appropriate substitute ...."

The court also wrote that it's asked the Indiana Judicial Conference and the Supreme Court's Records Management Committee to study and report on whether any further action is needed.

But even when relying on the abstract, Neff didn't go through the DOC's administrative process adequately and had mistakenly calculated his credit time, justices determined. That led to the second part of its holding on exhausting administrative remedies, and ultimately caused him to lose on his claims for relief.

In the Young cases, justices were able to expand on what it held in the main opinion.

Justices held that a prisoner, in order to present a claim in state court, must show what the relevant DOC administrative grievance procedures are and that they've been exhausted. They also formalized a finding in support of what the Court of Appeals has previously held "... that post-conviction proceedings are the appropriate procedure for considering properly presented claims for educational credit time."

Young is serving a 40-year sentence from a 1992 conviction of conspiracy to deal crack cocaine, and he filed two post-conviction petitions regarding aspects of credit time while he was incarcerated. But the justices affirmed the Court of Appeals, which had determined that Young should have gone through the DOC's administrative processes to resolve the issue rather than relying on the state court system.

Ultimately, Young lost because he'd already filed at least one post-conviction petition, and the court admonished him in both opinions for not providing enough evidence to show that he'd gone through the administrative procedures or that he'd earned educational and good time credit.

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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

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

  5. 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.