Lash v. Wright
Decision Date | 20 September 1972 |
Docket Number | No. 472A165,472A165 |
Citation | 153 Ind.App. 299,287 N.E.2d 255 |
Parties | Russell LASH, Warden of the Indiana State Prison, Appellant (Defendant Below), v. William WRIGHT, Appellee (Plaintiff Below). |
Court | Indiana Appellate Court |
Theodore L. Sendak, Atty. Gen., William D. Bucher, Deputy Atty. Gen., for appellant.
Harriette Bailey Conn, Public Defender, Paul J. Baldoni, Deputy Public Defender, for appellee.
STATEMENT ON THE APPEAL: William Wright was transferred to the Indiana State Prison in Michigan City, Indiana after being sentenced to one to five years by the Putnam Circuit Court for escape from the Indiana State Farm. Before his escape, William Wright was serving a one year sentence at the Indiana State Farm for theft. While serving his term for escape at the Indiana State Prison, he filed a 'Verified Petition for Writ of Habeas Corpus' for the reason that his one year sentence for theft had been served before he took his leave from the Indiana State Farm and was charged with escape. The LaPorte Circuit Court granted his petition for writ of habeas corpus. Russell E. Lash, Warden on the Indiana State Prison, filed his 'Motion to Correct Errors' alleging the following errors:
1. Overruling his motion to dismiss.
2. Ordering William Wright's release.
We reverse the LaPort Circuit Court's judgment for the reason that it did not have jurisdiction to grant the writ sought by the petition.
STATEMENT OF THE FACTS: A Lake County criminal court jury found William Wright guilty of theft, and the court sentenced him on January 26, 1970 to not less than one nor more than ten years on the Indiana State Farm. William Wright filed a motion to correct errors which was sustained by the Lake County criminal court. Its judgment was vacated. When William Wright was returned to the Lake County criminal court, he entered a guilty plea to the same offense, theft. He was sentenced on December 21, 1970 for a determinate period of one year on the Indiana State Farm, and no credit was given him for time already served. 1 William Wright escaped upon his return to the Indiana State Farm. On February 24, 1971 he was taken into custody and charged with escape from the Indiana State Farm. He was found guilty by the Putnam Circuit Court and sentenced on April 8, 1971 to not less than one nor more than five years to be served at the Indiana State Prison in Michigan City, Indiana. A petition for post conviction relief was filed the next month with the Putnam Circuit Court. Later, on October 21, 1971, William Wright filed his 'Verified Petition for Writ of Habeas Corpus' with the LaPorte Circuit Court. The next day, October 22, 1971, the Lake County criminal court held a hearing upon a petition for post conviction relief filed by Mr. Paul J. Baldoni, Deputy Public Defender, during the month of February, 1971. At the conclusion of the hearing, the court made the following entry:
'The defendant was sentenced to one (1) to ten (10) years at the Indiana State Prison, in this cause of action, on February 5, 1970; the defendant was imprisoned approximately eleven (11) months pending disposition of an Appeal in which the defendant prevailed, IT IS ORDERED by the Court that the time spent in prison should be credited as time served in connection with this Court's sentence of one (1) year, imposed on December 21, 1970.
'IT IS NOW ORDERED by the Court, that the defendant William Wright, in custody of the Sheriff of Lake County, Indiana, be returned to the custody and control of the Warden of the Indiana State Prison.
/s/ Edward C. Reardon
Commissioner'
The LaPorte Circuit Court held a hearing December 20, 1971 upon William Wright's 'Petition for Writ of Habeas Corpus.' The trial court entered the following order:
The Warden, Russell E. Lash, filed his motion to correct errors which alleged these two errors:
3-- 1918, precludes this Court from granting the relief sought by the Petitioner.
STATEMENT ON THE LAW: The Warden, Russell E. Lash, contends that the LaPorte Circuit Court lacked jurisdiction to order William Wright's release from the prison. He further contends that only the Putnam Circuit Court could rule on the validity of the one to five year escape conviction and that the LaPorte Circuit Court was mandated by statute and the Indiana Rule of Procedure P.C. 1, § 1(c), to transfer the petition for writ of habeas corpus to the Putnam Circuit Court. We agree with this contention.
P.C. 1, § 1(c) of the Indiana Rules of Procedure clearly divests the LaPorte Circuit Court of jurisdiction for the purpose of granting relief upon William Wright's petition for a writ of habeas corpus. This rule states:
'(3) This rule does not...
To continue reading
Request your trial-
Moulder v. State
...for admitting into evidence the sheriff's testimony regarding the communication involved in the plea bargaining process. Lash v. Wright (1972), Ind.App., 287 N.E.2d 255. For recent cases dealing with the right to obtain pre-trial discovery see Sargent v. State (1972), Ind.App., 287 N.E.2d 7......
-
Wiglesworth v. Wyrick
...356 F.2d 654 (10th Cir. 1966).' See also People ex rel. Anderson v. Warden, 68 Misc.2d 463, 325 N.Y.S.2d 829 (1971), and Lash v. Wright, 287 N.E.2d 255 (Ind.App.1972). The need for and the logic of the establishment of a single, unitary, post-conviction remedy, to be used in place of other ......
-
Grego v. Sheriff, Clark County, s. 9937 and 9939
...(LaGore v. Ramsey, 126 S.W.2d 1153 (Mo.1939)); limited jurisdiction to grant habeas petitions to a particular court (Lash v. Wright, 287 N.E.2d 255 (Ind.App.1973)); or limited the scope of inquiry on habeas corpus in extradition proceedings (Johnson v. Burke, 238 Ind. 1, 148 N.E.2d 413 (195......
-
State ex rel. McLaughlin v. Vickers, 26835.
...county wherein the inmate is confined, if that court is different from the court wherein the petition was filed); Lash v. Wright, 153 Ind. App. 299, 287 N.E.2d 255 (1972) (court having only jurisdiction of the petitioner's person and having received a habeas corpus petition must transfer ca......