Randolph v. Buss
2011 Ind. App. LEXIS 1364
| Ind. Ct. App. | 2011Background
- Randolph was sentenced to 28 years in 1995.
- In 2006 he earned a bachelor’s degree, qualifying for 730 days of educational credit under Ind. Code § 35-50-6-3.3(d)(4).
- Credit time was approved on March 8, 2007; Randolph was released on parole April 21, 2007.
- The parole-release date, considering other credits, would have been October 30, 2008; 558 days of the 730 were used at parole.
- Randolph later violated parole and was returned to prison; he sought applying the remaining 127 days of educational credit to the parole-violation term, which IDOC denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether unused educational credit must be applied to parole violation. | Randolph argues remaining 127 days should reduce parole-violation term. | IDOC contends credit is subtracted from the previously applicable release date, not to future terms. | Affirmed; unused credit not entitlement; credit applied to release date is exhausted. |
| Proper interpretation of Ind.Code § 35-50-6-3.3(e) post-2006 amendments. | Randolph argues 1993 logic should apply to upon parole violation. | Statutory language after 1995-2006 changes controls; credit subtracted from release date. | Statute as amended controls; credit time subtracted from release date, not from future terms. |
| Effect of legislative changes on prior case law (Renfroe, Bogus). | Earlier cases support applying unused credit to subsequent incarceration. | Changes indicate discretion and new application method. | Precluded; changed statute supersedes prior case law. |
Key Cases Cited
- Renfroe v. Parke, 736 N.E.2d 797 (Ind.Ct.App.2000) (educational credit may apply to later incarceration under older statute)
- IDOC v. Bogus, 754 N.E.2d 27 (Ind.Ct.App.2001) (statutory interpretation under prior version of § 35-50-6-3.3)
- Miller v. Walker, 655 N.E.2d 47 (Ind.1995) (credit time applied to release date, not as sentence reduction)
- Hardley v. State, 893 N.E.2d 740 (Ind.Ct.App.2008) (habeas review framework; deference to trial court; standard of review)
- Beam v. Wausau Ins. Co., 765 N.E.2d 524 (Ind.2002) (concludes de novo review for questions of law; standard of review)