MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Jul 20 2020, 9:39 am
court except for the purpose of establishing CLERK Indiana Supreme Court the defense of res judicata, collateral Court of Appeals and Tax Court estoppel, or the law of the case.
APPELLANT PRO SE ATTORNEYS FOR APPELLEE Anthony Warren Curtis T. Hill, Jr. Carlisle, Indiana Attorney General of Indiana J.T. Whitehead Deputy Attorney General Indianapolis, Indiana
IN THE COURT OF APPEALS OF INDIANA
Anthony Warren, July 20, 2020 Appellant-Defendant, Court of Appeals Case No. 19A-MI-3055 v. Appeal from the Marion Superior Court State of Indiana, The Honorable Lisa Borges, Judge Appellee-Plaintiff. Trial Court Cause No. 49G04-9808-CF-128010
Tavitas, Judge.
Court of Appeals of Indiana | Memorandum Decision 19A-MI-3055 | July 20, 2020 Page 1 of 7 Case Summary [1] Anthony Warren appeals the trial court’s denial of his petition for writ of
habeas corpus and his motion to correct error. We affirm.
Issue [2] Warren raises two issues, which we consolidate and restate as whether the trial
court properly denied Warren’s petition for writ of habeas corpus and his
motion to correct error.
Facts [3] In 1998, Warren was convicted of murder and found to be an habitual offender.
The trial court sentenced Warren to sixty-five years for murder, enhanced by an
additional thirty years for the habitual offender adjudication. On direct appeal,
our Supreme Court affirmed the murder conviction but vacated the habitual
offender adjudication. Warren v. State, 725 N.E.2d 828 (Ind. 2000). On
remand, Warren was again found to be an habitual offender, and the trial court
again sentenced him to ninety-five years. Warren appealed his conviction, and
our Supreme Court affirmed. Warren v. State, 769 N.E.2d 170 (Ind. 2002).
[4] In September 2000, Warren filed a pro se petition for post-conviction relief
(“PCR”), which the post-conviction court denied in December 2003. This
Court affirmed the post-conviction court’s denial of the post-conviction
petition. Warren v. State, No. 49A04-0405-PC-283 (Ind. Ct. App. Apr. 15,
2005), reh’g denied, trans. denied.
Court of Appeals of Indiana | Memorandum Decision 19A-MI-3055 | July 20, 2020 Page 2 of 7 [5] In August 2009, Warren filed a petition for writ of habeas corpus, which the
trial court dismissed with prejudice. This Court dismissed the appeal of the
denial of writ.
[6] In January 2017, Warren filed a pro se motion for relief from void judgment
pursuant to Indiana Trial Rule 60(B), which the trial court denied. Warren also
filed a motion to correct error in February 2017, following the trial court’s
denial of the motion for relief from void judgment. The trial court also denied
this motion. Warren contended that his judgment of conviction was “void”
because the magistrate judge did not have the authority to render a judgment.
On appeal, this Court concluded that the trial court properly denied Warren’s
motion for relief from judgment and his motion to correct error because Warren
was required to raise the issue through a successive petition for PCR. Warren v.
State, No. 49A02-1703-CR-598, slip op. at 4 (Ind. Ct. App. Oct. 30, 2017), trans.
denied.
[7] In March 2018, Warren filed a motion to correct erroneous sentence and a
motion to correct error, which the trial court denied. On appeal, this Court
affirmed and held that: (1) the trial court did not abuse its discretion by denying
the motion to correct erroneous sentence or the motion to correct error; (2)
Warren again argued that the magistrate did not have authority to sign the
original abstract of judgment; and (3) the appropriate procedural course was for
Warren to file a successive petition for PCR. See Warren v. State, No. 18A-CR-
01070, slip op. at 7 (Ind. Ct. App. Feb. 1, 2019).
Court of Appeals of Indiana | Memorandum Decision 19A-MI-3055 | July 20, 2020 Page 3 of 7 [8] In March 2019, Warren requested permission to file a successive petition for
PCR, which challenged the validity of his conviction on the ground that the
abstract of judgment was not signed by a judicial officer. This Court denied
Warren’s request for leave to file a successive petition for PCR.
[9] In October 2019, Warren filed a verified petition for writ of habeas corpus in
the Sullivan Superior Court. Warren claimed that the abstract of judgment was
invalid because it lacked a proper judicial signature. The Sullivan Superior
Court ruled the motion was an attack on the validity of the trial court’s abstract
of judgment and transferred the writ to the court of original jurisdiction, Marion
Superior Court (“the trial court”). The trial court then denied Warren’s petition
for writ of habeas corpus. Warren filed a motion to correct error, which the
trial court also denied. Warren now appeals both the denial of his petition for
writ of habeas corpus and his motion to correct error.
Analysis [10] Warren argues the trial court erred when it denied his petition for writ of habeas
corpus and his motion to correct error. We review a ruling on a motion to
correct error for an abuse of discretion. Paragon Family Rest. v. Bartolini, 799
N.E.2d 1048, 1055 (Ind. 2003). Additionally, we must also consider whether
the trial court properly denied the petition for habeas corpus. We also review a
trial court’s ruling on a habeas corpus petition for an abuse of discretion.
Randolph v. Buss, 956 N.E.2d 38, 40 (Ind. Ct. App. 2011), trans. denied. We do
not reweigh the evidence, and we consider only the evidence most favorable to
the judgment and the reasonable inferences drawn therefrom. Id. Any Court of Appeals of Indiana | Memorandum Decision 19A-MI-3055 | July 20, 2020 Page 4 of 7 conclusions regarding the meaning or construction of law are reviewed de
novo. Id.
[11] To determine whether the motion to correct error was properly denied, we first
consider whether it was error for the trial court to deny Warren’s petition for
habeas corpus. Indiana Code Section 34-25.5-1-1 provides that “[e]very person
whose liberty is restrained, under any pretense whatever, may prosecute a writ
of habeas corpus to inquire into the cause of the restraint, and shall be delivered
from the restraint if the restraint is illegal.” Thus, the purpose of a writ of
habeas corpus is to determine the lawfulness of a petitioner’s detention.
Randolph, 956 N.E.2d at 40; see Partlow v. Superintendent, Miami Correctional
Facility, 756 N.E.2d 978, 980 (Ind. Ct. App. 2001) (“The purpose of the writ of
habeas corpus is to bring the person in custody before the court for inquiry into
the cause of restraint.”), superseded by statute on other grounds as stated in Paul v.
State, 888 N.E.2d 818 (Ind. Ct. App. 2008). The trial court must provide a writ
of habeas corpus if the petitioner is unlawfully incarcerated and entitled to
immediate release. Id.
[12] Warren argues that he is being “illegally detained by unlawful process” because
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MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Jul 20 2020, 9:39 am
court except for the purpose of establishing CLERK Indiana Supreme Court the defense of res judicata, collateral Court of Appeals and Tax Court estoppel, or the law of the case.
APPELLANT PRO SE ATTORNEYS FOR APPELLEE Anthony Warren Curtis T. Hill, Jr. Carlisle, Indiana Attorney General of Indiana J.T. Whitehead Deputy Attorney General Indianapolis, Indiana
IN THE COURT OF APPEALS OF INDIANA
Anthony Warren, July 20, 2020 Appellant-Defendant, Court of Appeals Case No. 19A-MI-3055 v. Appeal from the Marion Superior Court State of Indiana, The Honorable Lisa Borges, Judge Appellee-Plaintiff. Trial Court Cause No. 49G04-9808-CF-128010
Tavitas, Judge.
Court of Appeals of Indiana | Memorandum Decision 19A-MI-3055 | July 20, 2020 Page 1 of 7 Case Summary [1] Anthony Warren appeals the trial court’s denial of his petition for writ of
habeas corpus and his motion to correct error. We affirm.
Issue [2] Warren raises two issues, which we consolidate and restate as whether the trial
court properly denied Warren’s petition for writ of habeas corpus and his
motion to correct error.
Facts [3] In 1998, Warren was convicted of murder and found to be an habitual offender.
The trial court sentenced Warren to sixty-five years for murder, enhanced by an
additional thirty years for the habitual offender adjudication. On direct appeal,
our Supreme Court affirmed the murder conviction but vacated the habitual
offender adjudication. Warren v. State, 725 N.E.2d 828 (Ind. 2000). On
remand, Warren was again found to be an habitual offender, and the trial court
again sentenced him to ninety-five years. Warren appealed his conviction, and
our Supreme Court affirmed. Warren v. State, 769 N.E.2d 170 (Ind. 2002).
[4] In September 2000, Warren filed a pro se petition for post-conviction relief
(“PCR”), which the post-conviction court denied in December 2003. This
Court affirmed the post-conviction court’s denial of the post-conviction
petition. Warren v. State, No. 49A04-0405-PC-283 (Ind. Ct. App. Apr. 15,
2005), reh’g denied, trans. denied.
Court of Appeals of Indiana | Memorandum Decision 19A-MI-3055 | July 20, 2020 Page 2 of 7 [5] In August 2009, Warren filed a petition for writ of habeas corpus, which the
trial court dismissed with prejudice. This Court dismissed the appeal of the
denial of writ.
[6] In January 2017, Warren filed a pro se motion for relief from void judgment
pursuant to Indiana Trial Rule 60(B), which the trial court denied. Warren also
filed a motion to correct error in February 2017, following the trial court’s
denial of the motion for relief from void judgment. The trial court also denied
this motion. Warren contended that his judgment of conviction was “void”
because the magistrate judge did not have the authority to render a judgment.
On appeal, this Court concluded that the trial court properly denied Warren’s
motion for relief from judgment and his motion to correct error because Warren
was required to raise the issue through a successive petition for PCR. Warren v.
State, No. 49A02-1703-CR-598, slip op. at 4 (Ind. Ct. App. Oct. 30, 2017), trans.
denied.
[7] In March 2018, Warren filed a motion to correct erroneous sentence and a
motion to correct error, which the trial court denied. On appeal, this Court
affirmed and held that: (1) the trial court did not abuse its discretion by denying
the motion to correct erroneous sentence or the motion to correct error; (2)
Warren again argued that the magistrate did not have authority to sign the
original abstract of judgment; and (3) the appropriate procedural course was for
Warren to file a successive petition for PCR. See Warren v. State, No. 18A-CR-
01070, slip op. at 7 (Ind. Ct. App. Feb. 1, 2019).
Court of Appeals of Indiana | Memorandum Decision 19A-MI-3055 | July 20, 2020 Page 3 of 7 [8] In March 2019, Warren requested permission to file a successive petition for
PCR, which challenged the validity of his conviction on the ground that the
abstract of judgment was not signed by a judicial officer. This Court denied
Warren’s request for leave to file a successive petition for PCR.
[9] In October 2019, Warren filed a verified petition for writ of habeas corpus in
the Sullivan Superior Court. Warren claimed that the abstract of judgment was
invalid because it lacked a proper judicial signature. The Sullivan Superior
Court ruled the motion was an attack on the validity of the trial court’s abstract
of judgment and transferred the writ to the court of original jurisdiction, Marion
Superior Court (“the trial court”). The trial court then denied Warren’s petition
for writ of habeas corpus. Warren filed a motion to correct error, which the
trial court also denied. Warren now appeals both the denial of his petition for
writ of habeas corpus and his motion to correct error.
Analysis [10] Warren argues the trial court erred when it denied his petition for writ of habeas
corpus and his motion to correct error. We review a ruling on a motion to
correct error for an abuse of discretion. Paragon Family Rest. v. Bartolini, 799
N.E.2d 1048, 1055 (Ind. 2003). Additionally, we must also consider whether
the trial court properly denied the petition for habeas corpus. We also review a
trial court’s ruling on a habeas corpus petition for an abuse of discretion.
Randolph v. Buss, 956 N.E.2d 38, 40 (Ind. Ct. App. 2011), trans. denied. We do
not reweigh the evidence, and we consider only the evidence most favorable to
the judgment and the reasonable inferences drawn therefrom. Id. Any Court of Appeals of Indiana | Memorandum Decision 19A-MI-3055 | July 20, 2020 Page 4 of 7 conclusions regarding the meaning or construction of law are reviewed de
novo. Id.
[11] To determine whether the motion to correct error was properly denied, we first
consider whether it was error for the trial court to deny Warren’s petition for
habeas corpus. Indiana Code Section 34-25.5-1-1 provides that “[e]very person
whose liberty is restrained, under any pretense whatever, may prosecute a writ
of habeas corpus to inquire into the cause of the restraint, and shall be delivered
from the restraint if the restraint is illegal.” Thus, the purpose of a writ of
habeas corpus is to determine the lawfulness of a petitioner’s detention.
Randolph, 956 N.E.2d at 40; see Partlow v. Superintendent, Miami Correctional
Facility, 756 N.E.2d 978, 980 (Ind. Ct. App. 2001) (“The purpose of the writ of
habeas corpus is to bring the person in custody before the court for inquiry into
the cause of restraint.”), superseded by statute on other grounds as stated in Paul v.
State, 888 N.E.2d 818 (Ind. Ct. App. 2008). The trial court must provide a writ
of habeas corpus if the petitioner is unlawfully incarcerated and entitled to
immediate release. Id.
[12] Warren argues that he is being “illegally detained by unlawful process” because
the “Abstract of Judgment sent to the Department of Correction is lacking a
judicial signature . . . .” Appellant’s Br. p. 7. Warren’s argument regarding the
petition for habeas corpus fails for two reasons: (1) his petition for writ of
habeas corpus is an unauthorized attempt to litigate a successive petition for
PCR; and (2) the successive challenge is barred by res judicata.
Court of Appeals of Indiana | Memorandum Decision 19A-MI-3055 | July 20, 2020 Page 5 of 7 [13] “[A] petitioner must file a petition for PCR in the court of conviction (rather
than a petition for a writ of habeas corpus in the court in the county of
incarceration) when he attacks the validity of his conviction or sentence and/or
does not allege that he is entitled to immediate discharge.” Partlow, 756 N.E.2d
at 980 (citing Ind. Post-Conviction Rule 1). Stated differently, “[a] petitioner
may not file a writ of habeas corpus to attack his conviction or sentence.”
Martin v. State, 901 N.E.2d 645, 647 (Ind. Ct. App. 2009). Here, Warren
challenges his conviction in his petition for writ of habeas corpus, which is
improper. See id. Warren’s challenge should have been presented by way of a
petition for PCR. See id.
[14] Because Warren previously litigated one petition for PCR unsuccessfully,
Warren was required to seek leave of this Court to pursue a successive petition
for PCR. See Ind. Post-Conviction Rule 1(12). Warren, however, failed to
obtain permission to file a successive post-conviction petition. Accordingly, the
trial court properly denied the petition for a writ of habeas corpus and the
[15] Additionally, Warren’s arguments fail because he is barred from successive
litigation by the doctrine of res judicata. Res judicata “prevents the repetitious
litigation of that which is essentially the same dispute.” State v. Holmes, 728
N.E.2d 164, 168 (Ind. 2000). Thus, “[a] petitioner for post-conviction relief
cannot escape the effect of claim preclusion merely by using different language
to phrase an issue and define an alleged error.” Lee v. State, 91 N.E.3d 978,
992 (Ind. Ct. App. 2017) (citation omitted). Warren has repeatedly and
Court of Appeals of Indiana | Memorandum Decision 19A-MI-3055 | July 20, 2020 Page 6 of 7 unsuccessfully raised this same issue. His prior attempt to raise this issue in a
successive petition for PCR was denied by this Court. Warren cannot escape
the application of res judicata by merely renaming his petition.
[16] Through the writ of habeas corpus and motion to correct error, Warren
attempted to circumvent the rules governing successive PCR proceedings. This
unauthorized attempt to litigate a successive petition for PCR was correctly
denied by the trial court.
Conclusion [17] The trial court properly denied Warren’s petition for writ of habeas corpus and
motion to correct error. We affirm.
[18] Affirmed.
Riley, J., and Mathias, J., concur.
Court of Appeals of Indiana | Memorandum Decision 19A-MI-3055 | July 20, 2020 Page 7 of 7