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Trial court should decide educational credit time

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A trial court judge should be the one to determine whether a defendant who completes an educational degree before sentencing is entitled to educational credit time, the Indiana Supreme Court ruled Thursday.

In David K. Murphy v. State of Indiana, No. 18S02-1103-CR-142, David Murphy appealed the decision by the trial court that his request for educational credit time should be submitted to the Indiana Department of Correction. Murphy received his GED while in pretrial confinement in jail awaiting sentencing following his guilty plea to Class B felony aggravated battery.

Murphy believed the trial court is the proper authority to decide if he should receive educational credit time. The statute dealing with this topic doesn’t specify who has authority to rule upon an initial request for educational credit time. The trial judge thought the DOC had the authority, and the state argued the jailing authority should make that determination.

The justices agreed with the Indiana Court of Appeals that the trial court is in the best position to determine whether that credit time should be granted for a degree earned prior to sentencing. They concurred with Judge Terry Crone’s writing for that court, which reasoned that the trial court initially determines the sentence and the amount of credit time at sentencing. Also in this situation, the defendant didn’t earn the degree under the supervision of the DOC.

The justices granted transfer Thursday and adopted the COA’s opinion in full. They reversed the trial court and remanded for further proceedings.

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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