Bennie Hale v. Keith Butts
33A04-1705-MI-1067
| Ind. Ct. App. | Nov 28, 2017Background
- Bennie Hale was convicted in Indiana in 2010 of unlawful possession of a firearm by a serious violent felon and criminal confinement and sentenced to 12 years; he signed a conditional parole agreement and was released on parole on November 27, 2014.
- On the day of his parole release, Florida authorities arrested Hale on outstanding charges; he was later convicted in Florida of grand theft and served time there, and subsequently was arrested again in Florida on a firearms charge on September 9, 2015.
- Indiana filed multiple ICOTS/transfer requests and a warrant for retaking after concluding Hale had violated parole by committing crimes in Florida; the parole board issued a warrant and later revoked parole on January 12, 2017 after Hale admitted the violation.
- Hale filed a habeas corpus petition in Henry County alleging Indiana had relinquished custody (discharged his parole) when he was turned over to Florida and thus he was being unlawfully detained.
- The trial court construed the petition as one for post-conviction relief and granted summary disposition for the State; the Court of Appeals proceeded to the merits despite the classification error.
- The Court affirmed, holding Hale’s parole was neither discharged nor expired, the parole period was tolled after issuance of the arrest warrant, and time served in Florida on unrelated charges did not earn credit against his Indiana sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petition was improperly treated as post-conviction relief | Hale argued his petition was properly a habeas corpus action seeking immediate release (not attacking conviction) | State treated it as post-conviction relief and moved for summary disposition | Court agreed petition was properly a habeas corpus petition but reviewed merits anyway and affirmed denial |
| Whether Indiana discharged/paroled Hale by "turning him over" to Florida | Hale argued transfer to Florida amounted to discharge of parole and ended Indiana jurisdiction | State argued parole board never expressed intent to discharge; Indiana retained jurisdiction and sought return | Court held no evidence parole board discharged parole; transfer did not divest Indiana jurisdiction |
| Whether parole term expired while Hale was in Florida or after warrant issued | Hale argued parole term ran and expired Nov 27, 2016 (or credit from Florida time made term expire) | State argued parole term was tolled upon issuance of arrest warrant and Florida incarceration on unrelated charges does not yield Indiana credit | Court held parole period tolled from Sept 9, 2015 (warrant date), so parole did not expire; no credit for unrelated Florida confinement |
| Whether custody was unlawful due to invalid warrant for return | Hale contended the retaking warrant was invalid | State maintained warrant was valid based on admitted parole violation | Court found argument waived for failure to raise below; court noted warrant was valid given admitted violation |
Key Cases Cited
- Partlow v. Superintendent, Miami Correctional Facility, 756 N.E.2d 978 (Ind. Ct. App. 2001) (habeas proper where petitioner seeks immediate discharge after alleged expiration of sentence)
- Baldi v. State, 908 N.E.2d 639 (Ind. Ct. App. 2009) (parolee remains on parole absent explicit parole board language discharging sentence)
- Johnson v. State, 957 N.E.2d 660 (Ind. Ct. App. 2011) (Interstate Compact transfer does not transfer jurisdiction; sending state retains authority to revoke)
- Meeker v. Indiana Parole Bd., 794 N.E.2d 1105 (Ind. Ct. App. 2003) (distinguishable: parole board explicitly "turned over" parolee, supporting discharge)
- Perry v. State, 921 N.E.2d 525 (Ind. Ct. App. 2010) (time incarcerated in another jurisdiction on unrelated offenses does not entitle inmate to credit on home-state sentence)