Jeremiah Beverly v. State of Indiana (mem. dec.)
49A04-1509-PC-1506
| Ind. Ct. App. | Aug 16, 2016Background
- Jeremiah Beverly completed coursework for a Ball State bachelor’s degree in May 2008, but received a Class A conduct report in August 2008 and was placed in segregation; he subsequently graduated June 19, 2009 and received his diploma.
- Ball State and DOC education staff verified his degree completion, but DOC Classification denied educational credit in August 2009 because Beverly had a Class A conduct report within the year prior to graduation.
- Beverly pursued informal contacts (letters, an interview request, Ombudsman contact) and later filed a formal classification appeal in 2014 and a DOC grievance in February 2015.
- Beverly filed a pro se petition for post-conviction relief in January 2015 seeking educational credit, arguing the relevant completion date was May 2008 (when coursework finished), not June 2009 (graduation).
- The post-conviction court denied relief, finding Beverly failed to exhaust DOC administrative remedies per the DOC Manual (Offender Grievance Process and Classification Decision Appeals Process) and alternatively concluding he did not complete the degree until official graduation.
- The Court of Appeals dismissed the appeal for lack of subject-matter jurisdiction because Beverly did not prove exhaustion of administrative remedies and waived the argument by failing to present a complete record at the post-conviction hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appellate court has subject-matter jurisdiction because Beverly exhausted DOC administrative remedies before filing post-conviction relief | Beverly: his contacts with Commissioner, ISP Site Manager, Ombudsman, plus later grievance and classification appeal, amounted to exhaustion; also contends correct procedure was Classification Decision Appeals Process | State: Beverly did not follow DOC procedures/timelines (informal resolution, formal grievance within 20 working days, or classification appeal within 10 working days); therefore he failed to exhaust administrative remedies | Court: Dismissed appeal for lack of jurisdiction—Beverly failed to show exhaustion and waived the claim by not providing a complete record of administrative steps taken |
| Whether Beverly completed his degree for educational-credit purposes when he finished coursework (May 2008) or only upon official graduation (June 2009) | Beverly: completion date = date coursework finished; thus no Class A report within the year before completion | State: degree completion date is official graduation date, and Beverly had a Class A report within the year before that date | Court: Did not reach merits because jurisdictional defect was dispositive; post-conviction court had alternatively found Beverly did not complete degree until graduation |
Key Cases Cited
- Hollowel v. State, 19 N.E.3d 263 (Ind. 2014) (burden on petitioner in post-conviction to prove entitlement to relief and appellate review standards for negative judgments)
- Fisher v. State, 810 N.E.2d 674 (Ind. 2004) (standard for burden in post-conviction proceedings)
- Members v. State, 851 N.E.2d 979 (Ind. Ct. App. 2006) (DOC administers sentence and modification of credit time; offenders must exhaust DOC administrative remedies for credit-time disputes)
- Young v. State, 888 N.E.2d 1253 (Ind. 2008) (appellant must show relevant administrative procedures and exhaustion at all levels)
- Burks-Bey v. State, 903 N.E.2d 1041 (Ind. Ct. App. 2009) (burden on defendant to prove exhaustion of administrative remedies)
- Clark v. State, 562 N.E.2d 11 (Ind. 1990) (appellant must provide a complete record, including transcripts or affidavits, to preserve issues for appeal)