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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: WILLIAM LEE PALLETT Carlisle, Indiana

IN THE COURT OF APPEALS OF INDIANA
WILLIAM LEE PALLETT, Appellant-Plaintiff, vs. INDIANA PAROLE BOARD, Defendant. ) ) ) ) ) ) ) ) )

No. 77A01-0705-PC-200

APPEAL FROM THE SULLIVAN SUPERIOR COURT The Honorable Thomas E. Johnson, Judge Cause No. 77D01-0703-MI-68

December 21, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

William Lee Pallett appeals the dismissal of his petition for writ of habeas corpus. Pallett alleges his parole was revoked after he was discharged. Finding his petition is not frivolous, we reverse and remand. FACTS AND PROCEDURAL HISTORY In 1977, Pallett was convicted in Wayne County of inflicting physical injury during the commission of a felony and sentenced to life in prison. On March 28, 2001, he was released on parole. On September 11, 2001, he was arrested in Monroe County for operating while intoxicated. He was given a sixty-day suspended sentence and a year on probation. After the sentencing, Pallett was told to report to the probation department, but he fled. In January 2002, he was apprehended in Florida and returned to the Indiana Department of Correction for violating his parole. The Monroe County Court revoked the suspended sentence and ordered it served consecutively to his life sentence. On November 6, 2002, Pallett was granted another parole from his life sentence. He alleges he was "turned over" to the Monroe County Jail to serve his sentence for operating while intoxicated. (Appellant's App. at 9.) He was discharged from the Monroe County Jail on January 18, 2003. Upon his release, he settled in Bloomfield. At that time, he believed he was still on parole from his life sentence. On August 2, 2003, Pallett was arrested in Joplin, Missouri for driving while intoxicated. The parole board revoked his parole on October 8, 2003. After he was denied parole in 2004, Pallett filed a petition for writ of habeas corpus in Sullivan County, where he was incarcerated. The Sullivan Superior Court dismissed his petition 2

after determining Pallett was seeking post-conviction relief and the petition had to be filed in the sentencing court. Pallett then filed a petition for post-conviction relief in Monroe County. That court also determined it lacked jurisdiction and dismissed. On March 19, 2007, Pallet again filed a petition for habeas corpus in the Sullivan Superior Court. Pursuant to Ind. Code

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