MEMORANDUM DECISION
Jul 09 2015, 8:17 am
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 ATTORNEYS FOR APPELLEE
Derrick Harris Gregory F. Zoeller
Muncie, Indiana Attorney General of Indiana
Kristin Garn
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Derrick Harris, July 9, 2015
Appellant-Petitioner, Court of Appeals Cause No.
18A04-1407-MI-338
v. Appeal from the Delaware Circuit
Court
Cause No. 18C03-1405-MI-24
State of Indiana, Parole Board
Appellee-Respondent. The Honorable Linda Ralu Wolf,
Judge
Barnes, Judge.
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Case Summary
[1] Derrick Harris appeals the trial court’s denial of his petition for habeas corpus.
We dismiss.
Issues
[2] Harris raises seven issues. We address the dispositive issue, which is whether
his appeal should be dismissed because he has been released from jail.
Facts
[3] In 2002, Harris was convicted and sentenced to ten years with two years
executed and eight years suspended to probation in cause number 48D01-0109-
CF-432 for dealing in marijuana and a Schedule I controlled substance. In
2009, new criminal charges were filed against Harris, and the probation he was
serving pursuant to cause number 48D01-0109-CF-432 was revoked. Harris
was ordered to serve the remaining seven and one-half years of his suspended
sentence in the Department of Correction and was not permitted to return to
probation. According to Harris, he was released on parole on February 24,
2012.
[4] On February 11, 2013, Harris was arrested on new criminal charges in cause
number 18C02-1302-FC-7,1 and Harris was detained in the Delaware County
Jail. On February 12, 2013, a Warrant for Retaking Offender was issued for
1
On May 8, 2014, cause number 18C02-1302-FC-7 was transferred to 18C03-1405-FC-20.
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Harris’s alleged violations of the terms of his parole. On March 14, 2013, a
preliminary hearing was held to determine if there was probable cause to appear
before the parole board, and probable cause of an alleged violation was found.
It was determined that no action would be taken on the alleged parole violation
at that time and that Harris would await local disposition.
[5] On April 11, 2013, Harris was released on pretrial electronic home detention on
the charges in cause number 18C02-1302-FC-7, but Harris remained
incarcerated in the Delaware County Jail on the alleged parole violation. On
May 29, 2014, Harris filed a petition for habeas corpus and, on June 12, 2014, a
hearing was held on the petition. On June 20, 2014, the trial court issued an
order concluding that Harris was being lawfully detained on the alleged parole
violation and denying the petition. Harris filed a motion to correct error, which
was also denied.
[6] On July 22, 2014, Harris filed a notice of appeal. On March 11, 2015, the State
moved to dismiss Harris’s appeal on the grounds that it was moot because he
had been released from jail. Harris did not respond to the State’s motion to
dismiss, and we held the motion in abeyance until the case was fully briefed.
Analysis
[7] The State contends that Harris’s appeal is moot because he has been released
from the Delaware County Jail. “An issue is deemed moot when it is no longer
‘live’ or when the parties lack a legally cognizable interest in the outcome of its
resolution.” Jones v. State, 847 N.E.2d 190, 200 (Ind. Ct. App. 2006). Where
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the principal questions at issue cease to be of real controversy between the
parties, the errors assigned become moot questions, and we will not retain
jurisdiction to decide them. Id. “Stated differently, when we are unable to
provide effective relief upon an issue, the issue is deemed moot, and we will not
reverse the trial court’s determination ‘where absolutely no change in the status
quo will result.’” Id. (citation omitted).
[8] Generally, a petitioner is entitled to the writ of habeas corpus only if he or she is
entitled to be immediately released from unlawful incarceration. Fry v. State,
990 N.E.2d 429, 437 (Ind. 2013). In his habeas corpus petition, Harris argued
that his continued detention based on the alleged parole violation was
improper. However, according to the chronological case summary (“CCS”),
Harris was released from the Delaware County Jail in January 2015.
Specifically, the CCS provides:
Pursuant to signed Order, Defendant is released to pre-trial home
detention which will be transferred to Madison County. Defendant is
given three weeks to have the appropriate landline installed and sign
up fee paid. Defendant to report daily to Delaware County
Community Corrections pending the completion of arrangements for
electronic home detention in Madison County. . . .
[9] State’s Ex. A p. 22. Harris did not respond to the State’s motion to dismiss or
file a reply brief indicating that he was still incarcerated. Accordingly, we must
conclude that, because Harris has been released from incarceration, no effective
relief can be granted by way of the habeas corpus petition. Thus, the issue
raised by Harris on appeal is moot and that his appeal should be dismissed.
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Conclusion
[10] Because Harris has been released from the Delaware County Jail, his appeal is
moot. We dismiss.
[11] Dismissed.
Riley, J., and Bailey, J., concur.
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