Pursuant to Ind. Appellate Rule 65(D), this
Memorandum Decision shall not be
regarded as precedent or cited before any
Dec 16 2014, 9:43 am
court except for the purpose of
establishing the defense of res judicata,
collateral estoppel, or the law of the case.
APPELLANT PRO SE: ATTORNEYS FOR APPELLEE:
WILLIAM TEMPLE GREGORY F. ZOELLER
New Castle, Indiana Attorney General of Indiana
KATHY BRADLEY
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
WILLIAM TEMPLE, )
)
Appellant-Defendant, )
)
vs. ) No. 33A01-1408-MI-336
)
NEW CASTLE )
CORRECTIONAL FACILITY, )
)
Appellee-Plaintiff. )
APPEAL FROM THE HENRY CIRCUIT COURT
The Honorable Kit C. Dean Crane, Judge
Cause No. 33C02-1209-MI-110
December 16, 2014
MEMORANDUM DECISION – NOT FOR PUBLICATION
BAKER, Judge
On September 6, 2012, William Temple filed a pro se “Petition for Writ of State
Habeas Corpus Relief” in Henry County. The trial court dismissed Temple’s motion and
Temple appealed. On July 3, 2013, a panel of this Court reversed and remanded with
instructions to “transfer[] the cause to the court where [Temple] was convicted and
sentenced, namely, the Marion Superior Court.” Temple v. State, No. 33A01-1211-MI-
533, at *2 (Ind. Ct. App. July 3, 2013).
The Henry Circuit Court failed to follow this Court’s explicit instructions to
transfer this cause to the Marion Superior Court. Instead, on July 21, 2014, the trial court
denied Temple’s petition and granted summary disposition to New Castle Correctional
Facility. Inasmuch as the trial court failed to follow this Court’s instructions on remand,
we again reverse and remand with the same instructions.
The judgment of the trial court is reversed and remanded with instructions to
transfer the cause to Marion Superior Court, where Temple was convicted and sentenced.
VAIDIK, C.J., and RILEY, J., concur.
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