83 N.E.3d 1246
Ind. Ct. App.2017Background
- Samuel L. Hobbs was convicted in 2006 of Criminal Deviate Conduct (sex offense) and other offenses, receiving an aggregate 23-year sentence; direct appeal affirmed.
- Hobbs had a separate two-year Theft sentence (Cause 16) to be served consecutive to the Criminal Deviate Conduct sentence (Cause 12); he violated probation on Cause 16 and was remanded to DOC.
- Hobbs reached parole-eligibility/status for the sex-offense sentence on March 21, 2013; the Cause 16 sentence began March 22, 2013 and was discharged December 21, 2013.
- After discharge of Cause 16, Hobbs remained subject to up-to-ten-year parole for the sex-offense; he violated parole in April 2014 (incarcerated), was released May 2015, then violated again October 2015 and parole was revoked.
- Hobbs filed a pro se habeas corpus petition (March 2017) alleging unlawful imprisonment because, he argued, his sex-offense sentence had been discharged and no parole obligation remained; the trial court treated the petition as post-conviction, summarily denied relief on the merits, and Hobbs appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the petition was properly treated under post-conviction summary-disposition rules | Hobbs: his petition is habeas corpus seeking immediate release, not a post-conviction challenge, so Post-Conviction Rule 1(4)(g) procedures don't apply | State: challenge to parole revocation may be treated as post-conviction relief; summary disposition appropriate | Court: declined to decide classification; proceeded to merits and affirmed denial of habeas relief |
| Whether Hobbs was unlawfully detained because his sex-offense sentence was discharged (so no parole obligation remained at revocation) | Hobbs: failure to effect a formal "release" to parole (e.g., State Form 23R) or to timely act amounted to a discharge/turnover or at least suspension of parole obligations, so revocation after max date was unlawful | State: parole for sex-offender continued up to ten years after release; no record evidence the Parole Board intended a "turn over" or discharge; parole remained in effect and revocation was lawful | Court: held Hobbs remained on an up-to-ten-year parole for the sex offense; no evidence of a Parole Board "turn over" or intent to discharge; habeas relief denied |
Key Cases Cited
- Partlow v. Superintendent, Miami Correctional Facility, 756 N.E.2d 978 (Ind. Ct. App. 2001) (habeas available only where petitioner is entitled to immediate release)
- Meeker v. Indiana Parole Bd., 794 N.E.2d 1105 (Ind. Ct. App. 2003) (Parole Board language of "turn over" construed as discharge when Board expressed intent to do so)
- Mills v. State, 840 N.E.2d 354 (Ind. Ct. App. 2006) (one can partially serve parole for one offense while serving another sentence)
- Baldi v. State, 908 N.E.2d 639 (Ind. Ct. App. 2009) (Meeker inapplicable absent explicit "turn over" language or intent to discharge by Parole Board)