On December 19,1977, appellant-petitioner Omer Young, Jr., filed a pro se petition for a writ of habeas corpus in the LaPorte Circuit Court. This petition alleged that Young had been denied due process by the Indiana Parole Board when it denied him parole on October 7,1976, April 6,1977, and October 6, 1977. He also asserted that he should have a right to appeal an adverse decision of the Parole Board. The LaPorte Circuit Court denied this petition without a hearing on March 6, 1978. Acting pro se, Young began the prosecution of an appeal from the LaPorte Circuit Court’s ruling. This case was docketed by the Clerk of this Court as PS 417.
While PS 417 was pending before this Court, Young renewed his attempts to obtain parole. The Parole Board denied him parole on October 5,1978, and July 10,1979. Young then filed another
pro se
petition for a writ of habeas corpus in LaPorte Circuit Court on July 17,1979. The court summar
Before PS 436 was transmitted to this Court by the Clerk, PS 417 was decided. This Court handed down a written opinion affirming the trial court on September 12, 1979.
See Young v. Duckworth,
(1979) Ind.,
We hold the LaPorte Circuit Court properly denied appellant’s petition for a writ of habeas corpus. Young alleged in his petition that he had been denied due process of law and equal protection during his appearances before the Parole Board. He also asserted that he should have a right to appeal from an adverse decision by the Parole Board. We have held that a person who has been denied parole has no such appeal right based on the merits of the denial.
Young v. Duckworth,
(PS 417, 1979) Ind.,
“This Court has held that no court has jurisdiction to entertain a petition for a writ of habeas corpus unless it is alleged that the prisoner is entitled to immediate discharge. See Hendrixson v. Lash, (1972)258 Ind. 550 ,282 N.E.2d 792 . A prisoner can only obtain a discharge through habeas corpus. He cannot obtain a modification of his commitment. Shoemaker v. Dowd, (1953),232 Ind. 602 ,115 N.E.2d 443 .”
Hawkins v. Jenkins,
supra,
“It is obvious in this case that . the LaPorte Circuit Court . . [did not have] jurisdiction to entertain a petition for a writ of habeas corpus inasmuch as petitioner was serving time under a proper commitment, his sentence had not expired and he had not been denied good time or credit time. He is not seeking a correction of the beginning or end of his sentence. He is merely asking for release. Since the record shows on its face that petitioner was not entitled to release, the Court properly denied the petition summarily and without a hearing.”
Young v. Duckworth, supra,
Ind.,
It is true that, in PS 417, we went on to give further treatment to those issues which petitioner had not waived as if they had been raised in a petition for post-conviction relief. This required overlooking the fact that, due to the length of Young’s sentence, an appeal from a denial of post-conviction relief would properly be taken to the Court of Appeals.
The judgment of the trial court denying appellant Young’s petition for a writ of habeas corpus is affirmed.
All Justices concur.
