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Thursday, March 10, 2011

Ind. Decisions - Supreme Court posts one late this afternoon

In David K. Murphy v. State of Indiana, a 3-page, 5-0 opinion by Justice Sullivan, the Court concludes:

We agree with Judge Crone’s analysis and the result reached by the Court of Appeals. We therefore grant transfer and adopt its opinion in full. Ind. Appellate Rule 58(A)(1).

We reverse and remand to the trial court for proceedings consistent with the opinion of the Court of Appeals.

The issue:
Murphy contended that the trial court is the proper authority to determine whether a defendant who completes an educational degree before sentencing is entitled to educational credit time. As noted, the trial court thought such determinations are the province of the DOC. For its part, the State contended that such determinations should be made by the jailing authority, in this case the Delaware County Jail.

The Court of Appeals agreed with Murphy and held that the trial court is the proper authority to determine whether a defendant who completes an educational degree before sentencing is entitled to educational credit time.

Here is the ILB summary of the July 23, 2010 COA decision.

Posted by Marcia Oddi on March 10, 2011 06:15 PM
Posted to Ind. Sup.Ct. Decisions