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Harrison v. Knight

Court of Appeals of Indiana

June 27, 2019

Harry Harrison, Appellant-Petitioner,
v.
Stanley Knight, et al., Appellees-Respondents.

          Appeal from the Hendricks Superior Court The Honorable Stephenie LeMay-Luken, Judge Trial Court Cause No. 32D05-1808-MI-186

          ATTORNEY FOR APPELLANT Andrew R. Falk Indianapolis, Indiana

          ATTORNEYS FOR APPELLEES Curtis T. Hill, Jr. Attorney General of Indiana Monika Prekopa Talbot Deputy Attorney General Indianapolis, Indiana

          BAILEY, JUDGE.

         Case Summary

         [¶1] Harry J. Harrison ("Harrison") is being held in Hendricks County for alleged parole violations, the disposition of which depends upon resolution of pending 2016 - 2017 criminal charges in Madison County, but for unknown reasons, he has not been arrested on those charges so as to trigger his Sixth Amendment right to trial within a reasonable time, as implemented by Indiana Criminal Rule 4. Harrison presents the sole issue of whether he is entitled to habeas corpus relief for an illegal detention. Under the unique circumstances of this case, we conclude that Harrison did not validly waive his right to a preliminary parole violation hearing with a determination of probable cause. We remand with instructions to the Hendricks Superior Court to issue a rule to show cause to the Indiana Attorney General, to answer as to why Harrison is in custody in a chain of events stemming from charges upon which he has not been arrested.

         Facts and Procedural History

         [¶2] In 2006, Harrison pled guilty to the charge of unlawful possession of a firearm by a serious violent felon and he was sentenced to twenty years imprisonment in the Indiana Department of Correction ("the DOC"). On October 15, 2015, Harrison was released from incarceration in the DOC to a community transition program.

         [¶3] On October 25, 2016 and January 27, 2017, Harrison was charged with new criminal offenses in Madison County, Indiana. Harrison was apprehended in South Carolina, waived his right to an extradition hearing, and was returned to Indiana. He was placed in custody on allegations of parole violations.

         [¶4] On October 27, 2017, Harrison signed an Indiana Department of Correction Division of Parole Services document titled "Waiver of Preliminary Hearing." (App. Vol. II, pg. 27.) The document listed eight alleged parole violations: (1) unauthorized change of residence; (2) failure to report; (3) unauthorized out-of-state travel; (4) charge of unlawful possession of a firearm; (5) charge of pointing a firearm; (6) charge of criminal recklessness with a deadly weapon; (7) charge of interference with reporting a crime; and (8) charge of failure to register as a sex offender. Harrison did not initial the space provided to indicate that he was pleading guilty to any allegation. Rather, he placed his initials by the following provisions:

I plead NOT GUILTY to the alleged parole violations (numbers 1, 2, 3 listed above) and waive my right to a preliminary hearing.
I waive my right to a Preliminary Hearing of the following alleged Rule #7: Criminal Conduct Violations (number 4, 5, 6, 7, 8 listed above).

Id. Harrison signed an acknowledgment that he would not be heard by the Indiana Parole Board until after the final disposition of his pending criminal matters.[1]

         [¶5] On March 5, 2018, Harrison filed in the Madison County Circuit Court a pro-se motion for speedy trials on criminal charges pending in Madison County. The trial court denied the motions, apparently on grounds that warrants were still outstanding, Harrison had not been arrested on new charges, and he was being held on parole violation allegations (without speedy trial rights). On May 21, 2018, Harrison filed a pro se motion ...


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