Clayton S. Lindsey v. State of Indiana (mem. dec.)
46A03-1701-CR-44
| Ind. Ct. App. | Jul 6, 2017Background
- In 2009 Lindsey was charged with two counts of murder and one count of burglary; in 2011 he received concurrent 65-year sentences for murder and a consecutive 20-year burglary term (10 years suspended).
- Lindsey completed education and vocational programs (GED and two other programs) and sought DOC program-completion time credits to be applied to his sentence.
- DOC facility staff informed Lindsey that central office applies time credits and that credits are applied based on an offender’s earliest projected release date (EPRD).
- Lindsey pursued DOC administrative appeals through facility classification, central office, and a post-conviction motion seeking immediate calculation/application of his earned credits. DOC responses indicated credits would be applied closer to his EPRD (2047); there were ~2,802 requests pending ahead of him.
- The State moved for summary disposition with a sworn declaration from DOC’s Director of Sentence Computation confirming DOC’s procedure; the post-conviction court granted the State’s motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the post-conviction court erred in granting summary disposition on Lindsey’s request to have earned program credits applied immediately | Lindsey argued his earned credits should be applied now and that delay risks losing program eligibility and credits | State (DOC) argued it did not deny credits but follows policy of applying credits based on EPRD and will process Lindsey’s request closer to his 2047 release date; central office handles application and many requests are pending | Court affirmed summary disposition for the State: no genuine issue of material fact; DOC policy justifies delaying application until nearer EPRD; Lindsey’s new arguments waived on appeal |
Key Cases Cited
- Evans v. State, 809 N.E.2d 338 (Ind. Ct. App. 2005) (pro se litigants held to same procedural standards as counsel)
- Williams v. State, 690 N.E.2d 162 (Ind. 1987) (appellant must provide record showing alleged error)
- Norris v. State, 896 N.E.2d 1149 (Ind. 2008) (post-conviction summary-disposition reviewed like civil summary-judgment)
- Hughley v. State, 15 N.E.3d 1000 (Ind. 2014) (moving party bears burden to show no genuine issue of material fact in summary judgment)
- FLM, LLC v. Cincinnati Ins. Co., 973 N.E.2d 1167 (Ind. Ct. App. 2012) (presumption of validity for trial court’s grant of summary judgment; appellant must show error)
- Stevens v. State, 770 N.E.2d 739 (Ind. 2002) (issues not raised below are waived on appeal)
