In the
Indiana Supreme Court
Floyd TEWELL, )
FILED
Supreme Court Cause No. Jan 11 2008, 4:40 pm
Appellant, ) 48S02-0801-PC-21
)
v. ) Court of Appeals Cause No. CLERK
of the supreme court,
court of appeals and
) 48A02-0701-PC-118 tax court
STATE of Indiana, )
Appellee. ) Madison Superior Court Cause No.
48D03-0610-MI-901
PUBLISHED ORDER GRANTING TRANSFER and
ADOPTING THE OPINION OF THE COURT OF APPEALS
The Parole Board revoked parole for Appellant, Floyd Tewell, thus returning him to
prison to serve out a life sentence. Tewell then filed what he titled a petition for writ of habeas
corpus. Treating the petition as one seeking post-conviction relief, the trial court denied relief
and Tewell appealed. Rejecting Tewell’s appellate arguments, the Court of Appeals held the
trial court (1) had correctly treated Tewell’s petition as a post-conviction relief petition, and (2)
had properly concluded the Indiana Parole Board had not previously discharged Tewell from his
life sentence. See Tewell v. State, 876 N.E.2d 337 (Ind. Ct. App. 2007).
The matter comes before this Court on Tewell’s pro se petition seeking transfer of
jurisdiction in accordance with Appellate Rules 56(B) and 57(B)(2). The Justices have
reviewed the decision of the Court of Appeals and materials filed in connection with the request
to transfer jurisdiction, and have discussed the matter in conference.
Being duly advised and having concluded the Court of Appeals correctly decided the
issues, we GRANT transfer, and ADOPT the opinion of the Court of Appeals. See Ind.
Appellate Rule 58(A)(1).
The Clerk is directed to send a copy of this order to West Publishing for publication in
the bound volumes of this Court’s decisions.
Done at Indianapolis, Indiana, this 11th day of January, 2008.
/s/ Randall T. Shepard
Chief Justice of Indiana
All Justices concur.