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FOR PUBLICATION
APPELLANT PRO SE: BRYAN PIERCE Bunker Hill, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ELIZABETH ROGERS Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
BRYAN PIERCE, Appellant-Petitioner, vs. WALTER MARTIN, Appellee-Respondent. ) ) ) ) ) ) ) ) )

FILED
Mar 05 2008, 10:06 am
of the supreme court, court of appeals and tax court

CLERK

No. 52A02-0708-CV-733

APPEAL FROM THE MIAMI CIRCUIT COURT The Honorable Rosemary Higgins Burke, Judge Cause No. 52C01-0705-MI-270

March 5, 2008

OPINION - FOR PUBLICATION

SHARPNACK, Judge

Bryan Pierce appeals the denial of his petition for writ of habeas corpus filed against Walter Martin, Superintendent of the Miami Correctional Facility

("Superintendent").

Pierce raises four issues, which we consolidate and restate as

whether the post-conviction court's summary disposition of Pierce's petition for writ of habeas corpus is clearly erroneous. We reverse and remand. The relevant facts follow. Pierce was sentenced in Marion County to a term of twenty years for burglary. Pierce was released on parole on April 6, 2006. While on parole, Pierce was arrested on August 7, 2006, and the State charged him with auto theft as a class D felony,1 resisting law enforcement as a class D felony,2 resisting law enforcement as a class A misdemeanor,3 and driving while suspended as a class A misdemeanor.4 On February 26, 2007, the charges against Pierce were dismissed. On April 12, 2007, Pierce appeared before the Indiana Parole Board ("Parole Board"). After a hearing, the Parole Board revoked Pierce's parole. Pierce then filed a petition for writ of habeas corpus and later filed an amended petition for writ of habeas corpus. The amended petition for writ of habeas corpus alleged that: (1) the Parole Board violated an agreement to release Pierce back to parole if the charges were dismissed; (2) the breach of the agreement deprived Pierce of due process to prepare a defense at the

1

Ind. Code

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