Brown v. State
2011 Ind. App. LEXIS 717
| Ind. Ct. App. | 2011Background
- Brown pleaded guilty to Operating a Motor Vehicle after License Forfeited for Life on April 14, 2009, receiving a three-year sentence to be served in Marion County Community Corrections Home Detention Electronic Monitoring.
- During 2010, Indiana amended I.C. 35-38-2.6-6 to expand credit time eligibility for home detention, effective July 1, 2010.
- On July 15, 2010, Brown’s Community Corrections placement was violated for marijuana tests; the court ordered the balance of the three-year sentence to be served in the Department of Correction, granting credit for 412 days in community corrections but no credit time.
- Brown moved on July 29, 2010 for additional credit time, arguing retroactive application of the amended statute and equal protection.
- The trial court denied the motion; Brown appealed alleging the amendment should apply retroactively and that denial violated equal protection.
- The court held that the amendment is not remedial, retroactive application is not required, and the equal protection challenge fails, affirming the denial of additional credit time.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Retroactive application of the amendment | Brown argues the amended statute is remedial and retroactive. | State maintains prospective application; no retroactivity. | Not retroactive; statute not remedial. |
| Equal protection | Exclusive prospective application creates two classes with no rational basis. | Administrative burden and integrity of sentences justify prospective application. | No equal protection violation; rational basis exists. |
| Abuse of discretion | Brown was eligible for credit time under amended law. | Credit time not available for preexisting home detention under amended law. | Trial court did not abuse discretion; Brown not eligible for credit time. |
Key Cases Cited
- State v. Pelley, 828 N.E.2d 915 (Ind. 2005) (remedial vs. prospective retroactivity standard)
- Bourbon Mini-Mart, Inc. v. Gast Fuel & Svcs., Inc., 783 N.E.2d 253 (Ind. 2003) (remedial statute retroactivity presumption)
- Martin v. State, 774 N.E.2d 43 (Ind. 2002) (remedial statute applied retroactively to cure silence)
- Purcell v. State, 721 N.E.2d 220 (Ind. 1999) (interpretation of credit time under home detention)
- Cottingham v. State, 424 N.E.2d 105 (Ind. 1981) (rational basis for not applying preexisting credit time retroactively)
- Owens v. State, 886 N.E.2d 64 (Ind. Ct. App. 2008) (plea agreements and sentencing integrity; credit time context)
- Frazier v. Manson, 703 F.2d 30 (2nd Cir. 1983) (legislative intent and retroactivity concerns in sentencing)
- Hurst v. State, 890 N.E.2d 88 (Ind. Ct. App. 2008) (remedial statute and legislative intent considerations)
- Harris v. State, 897 N.E.2d 927 (Ind. 2008) (amelioration/penalty modification retroactivity framework)