Hunter v. State

BOEHM, Justice.

William E. Hunter was incarcerated in the Miami County Jail as a result of a burglary conviction. Hunter was a "trustee" in the jail, and as such performed cleaning and maintenance tasks without direct supervision by jail officials. On the evening of March 26, 2004, while working a night cleaning detail, he looked through a window in an exterior door of the jail to "the little courtyard where you smoke outside" and saw an ashtray containing some cigarette butts. Seizing the opportunity, Hunter opened the door and smoked the butts in the courtyard. When he attempted to reenter…