Jacob Maciaszek v. State of Indiana, 2017 Ind. App. LEXIS 154

In May 2012 Indiana charged Jacob Maciaszek with two counts of Class B burglary and two counts of Class D theft. Indiana placed a hold on him while he was serving a Florida sentence (release date Aug. 1, 2012); he also faced holds in New Hampshire and Maine.
After finishing Florida custody, Maciaszek was transported to New Hampshire, convicted there, and sentenced to 1½–6 years (parole eligibility Feb. 27, 2014).
On Jan. 10, 2013 Maciaszek invoked the Interstate Agreement on Detainers; Indiana took custody on Mar. 19, 2013, and he pled guilty in Indiana on Aug. 6, 2013 and received a 16-year sentence.
The Indiana judgment ordered immediate return to New Hampshire and notification to Indiana upon completion of the New Hampshire sentence; it contained no express consecutive-service language.
Maciaszek petitioned pro se for presentence credit and earned-credit (good time) from May 23, 2012 (when Indiana’s hold began) through Aug. 6, 2013; the trial court denied relief without a hearing.
The Court of Appeals affirmed denial as to time served in Florida/New Hampshire but reversed as to the 141 days he spent in Kosciusko County, Indiana (Mar. 19–Aug. 6, 2013), awarding actual credit and remanding to determine applicable good-time credit.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to presentence credit (actual time served) for custody in Florida/New Hampshire before extradition to Indiana	Maciaszek: those days ran concurrently and should be credited to the Indiana sentence from May 23, 2012	State: time in foreign jurisdictions was for unrelated convictions; not creditable to Indiana sentence	Denied — no credit for unrelated out-of-state custody (Dolan principle)
Entitlement to presentence credit (actual time served) for custody in Indiana awaiting trial (Mar. 19–Aug. 6, 2013)	Maciaszek: time in Kosciusko County Jail while awaiting Indiana trial should be credited to his Indiana sentence	State: argued against additional credit (implicitly) because of other credits, but record contains no order making sentences consecutive	Granted — 141 days actual credit; Indiana and New Hampshire sentences treated as concurrent absent express consecutive order
Entitlement to good-time (earned) credit for the Indiana presentence days	Maciaszek: he should receive good-time credit in addition to actual days served	State: argued same reasons to deny, but court requires class determination	Remanded — trial court must determine Maciaszek’s credit class under IC §35-50-6-4 and calculate earned good-time days per IC §35-50-6-3

Dolan v. State, 420 N.E.2d 1364 (Ind. Ct. App. 1981) (pre-sentence credit applies only to time served for the offense to which the sentence applies; no credit for wholly unrelated out-of-state custody)
Ramirez v. State, 455 N.E.2d 609 (Ind. Ct. App. 1983) (prisoner transported from another state entitled to credit for time spent in Indiana jail awaiting trial when sentences are concurrent)
Purcell v. State, 721 N.E.2d 220 (Ind. 1999) (distinguishes credit for actual time served from statutory good-time credit)
Purdue v. State, 51 N.E.3d 432 (Ind. Ct. App. 2016) (applies Dolan to deny pretrial credit when relatedness of charges does not exist)
Weaver v. State, 725 N.E.2d 945 (Ind. Ct. App. 2000) (good-time credit is statutory right, not judicial discretion)
Payne v. State, 838 N.E.2d 503 (Ind. Ct. App. 2005) (credit when concurrent sentences are imposed; limits when sentences are consecutive)
Robinson v. State, 805 N.E.2d 783 (Ind. 2004) (sentencing judgment must state days imprisoned before sentencing and credit earned)