Legal Opinion · Dissent

Derek Hale v. State of Indiana

Indiana Court of Appeals

Decided August 6, 2013No. 25A04-1301-CR-15Published

1DissentBradford, Judge

Because I believe that Hale met his burden of proof of showing that he is being illegally detained in the Fulton County work release program (“the work release program”) and, as a result, is entitled to immediate release, I respectfully dissent.

I. Credit Time

Credit time is a statutory reward for a lack of conduct that is in violation of institutional rules. State v. Mullins, 647 N.E.2d 676, 678 (Ind.Ct.App.1995). “The purpose of the legislature in enacting ‘good time’ credit statutes was to encourage inmates of penal institutions to behave well while confined, to improve their morale, and…

2Cases cited15 opinions

  1. Hardley v. StateIndiana Court of Appeals · 2008
  2. Hawkins v. JenkinsIndiana Supreme Court · 1978
  3. Dunn v. JenkinsIndiana Supreme Court · 1978
  4. Partlow v. Superintendent, Miami Correctional FacilityIndiana Court of Appeals · 2001
  5. Willis v. BaylesIndiana Supreme Court · 1886

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