Trial court should decide educational credit time

Back to TopCommentsE-mailPrintBookmark and Share

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.


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon