David Drummond v. State of Indiana (mem. dec.), 49A02-1606-PC-1278

In 2002 David Drummond was convicted of class A felony child molesting and sentenced to 50 years.
In 2016, with this Court’s permission, Drummond filed a successive petition for post-conviction relief seeking one year of earned-credit time for completing two Life Skills programs in 2004 (Stress Management and Anger Management).
The post-conviction court summarily denied the successive petition, relying on prior orders (Oct. 24, 2014 and Feb. 9, 2016) and characterizing the claim as part of a long-standing DOC credit dispute.
Drummond argued summary denial was improper, that he was entitled to the credit, that he was denied the right to self-representation at a hearing, and sought contempt against the clerk for delay in filing the clerk’s record.
The State conceded the pleadings raised a genuine issue of material fact and that summary disposition was inappropriate, urging remand for further proceedings.
The Court of Appeals reversed and remanded, concluding the pleadings did not conclusively show Drummond was entitled to no relief and further proceedings were required.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the post-conviction court erred by summarily denying the successive petition	Drummond: pleadings and affidavit show he completed the programs and was promised six months credit for each, raising a genuine factual issue	State: prior orders and DOC correspondence indicate programs not eligible, but concedes further fact development needed	Court: Reversed — summary denial improper; remand for further proceedings
Whether Drummond was denied his right to represent himself by not being present at a hearing	Drummond: he was excluded and thus deprived of self-representation	State: record shows no evidentiary hearing was held that he could attend	Court: No basis in record to find denial of self-representation
Whether the clerk should be held in contempt for delayed filing of the clerk’s record	Drummond: clerk failed to timely file the Notice of Completion of Clerk’s Record	State/Record: Clerk has filed the notice; issue moot	Court: Moot — relief already obtained
Whether summary disposition was appropriate under Post-Conviction Rule 1(4)(g)	Drummond: affidavit and supporting documents raise factual disputes precluding summary denial	State: concedes dispute exists and that evidentiary development is needed	Court: Summary disposition improper when pleadings raise material factual issues; remand required

Evans v. State, 809 N.E.2d 338 (Ind. Ct. App. 2004) (pro se litigants held to same standard as counsel)
Fisher v. State, 810 N.E.2d 674 (Ind. 2004) (burden and standard of review in post-conviction proceedings)
Norris v. State, 896 N.E.2d 1149 (Ind. 2008) (summary disposition in post-conviction appeals reviewed like summary judgment)
Gann v. State, 550 N.E.2d 803 (Ind. Ct. App. 1990) (post-conviction petition may be summarily denied only when pleadings conclusively show no relief)
In re F.S., 53 N.E.3d 582 (Ind. Ct. App. 2016) (mootness when requested relief already obtained)