Preview:

Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. APPELLANT PRO SE: RICHARD HUFFMAN Indianapolis, Indiana

FILED
Dec 28 2010, 8:49 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JOBY D. JERRELLS Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
RICHARD HUFFMAN, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A02-1008-CR-1057

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Mark D. Stoner, Judge Cause No. 49G01-8406-CF-4843

December 28, 2010

MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Richard Huffman, pro se, appeals the denial of his petition for post-conviction relief related to an educational credit against his release date. Huffman raises two issues, which we revise and restate as whether the court erred in denying Huffmans petition. We affirm. The relevant facts follow. Huffman pled guilty to murder and conspiracy to commit robbery for his part in the attack of a man with a tire iron in June 1984 and was sentenced to sixty years. See Huffman v. State, 717 N.E.2d 571, 573 (Ind. 1999). Huffman is incarcerated in the Indiana Department of Correction at the Putnamville Correctional Facility. In August 2006 and while incarcerated, Huffman was awarded a high school diploma from Continental Academy ("Continental"), a correspondence program in Miramar, Florida. Huffman requested educational credit time for obtaining the diploma, and his request was denied. Huffman brought a formal grievance alleging that he should have been granted the credit requested, which was denied by the DOC on the basis that Continental was not accredited or recognized by the Florida Department of Education and Continentals program did not meet the criteria of a high school diploma set by the Indiana Department of Education. Huffman filed a grievance appeal, which was denied. On April 16, 2010, Huffman filed a Petition for Additional Earned Credit Time, a memorandum in support of the petition, and thirteen exhibits. In the petition and

memorandum, Huffman alleged that he obtained a high school diploma through Continental via a correspondence course and that he was entitled to credit time. The exhibits included the following: two letters by Huffman regarding his request for credit 2

time; Huffmans completed grievance form; a grievance response report; Huffmans completed grievance appeal form; a grievance response report including the explanation for denying Huffmans appeal; a declaration of the Education Director for the DOC; a document indicating the accreditation of Continental; the high school diploma awarded to Huffman by Continental; the Transcript Key of Continental; and Huffmans Permanent Academic Record. On June 4, 2010, the State filed a motion for summary disposition, a memorandum in support of the motion, and an affidavit of the Education Program Coordinator for the DOC. In its motion and memorandum, the State argued that "[a] diploma from the [Continental] does not qualify for credit time pursuant to Indiana Code section 35-50-63.3." Appellants Appendix at 79. The State further argued that "even assuming that the diploma did qualify for credit, Huffman is still not entitled to the relief he is requesting" and that Huffman has not alleged or proven that "he is in Credit Class I or has demonstrated a pattern of behavior consistent with rehabilitation" as required by Ind. Code

Download 12281002ebb.pdf

Indiana Law