Cotton v. Ellsworth

788 N.E.2d 867, 2003 Ind. App. LEXIS 836, 2003 WL 21149514
CourtIndiana Court of Appeals
DecidedMay 20, 2003
Docket48A04-0204-CV-185
StatusPublished
Cited by10 cases

This text of 788 N.E.2d 867 (Cotton v. Ellsworth) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cotton v. Ellsworth, 788 N.E.2d 867, 2003 Ind. App. LEXIS 836, 2003 WL 21149514 (Ind. Ct. App. 2003).

Opinions

OPINION

KIRSCH, Judge.

Zettie Cotton1 (the "Indiana Department of Correction" or the "DOC"), appeals the trial court's decision granting Edward Ellsworth's writ of habeas corpus, arguing that the trial court's interpretation of IC 35-50-6-8.3, the educational credit time statute, is erroneous because it ignores the statute's unambiguous language.

We affirm.

FACTS AND PROCEDURAL HISTORY

Ellsworth was convicted of robbery and sentenced to a thirty-year term of imprisonment in the DOC. During his incarceration, he was awarded an associate's degree and on April 6, 1998, the DOC therefore subtracted one year of educational credit time according to statute. The version of the statute then in effect required the credit time to be subtracted from an inmate's total sentence. Because inmates, like Ellsworth, in credit Class I earn one day of credit for each day they actually serve with good behavior,2 the effect of the one-year credit from Ellsworth's total sentence was the advancement of his projected release date by six months.

[869]*869In 1999, the legislature amended the statute to require that educational eredit time be subtracted from an inmate's projected release date, effectively reducing the amount of time the inmate is actually required to serve by the full amount of the credit. '

In January and June 2000, Ellsworth earned and was awarded two bachelor's degrees from Indiana University. In accordance with the statute, the DOC gave Ellsworth two years of credit time for each of these degrees and subtracted the total four years of credit from Ellsworth's projected release date. Later that same year, Ellsworth completed a substance abuse program which entitled him to ninety days of credit time and the DOC granted this time as well.

In March 2001, DOC staff realized that the total educational credit time granted to Ellsworth exceeded the four-year maximum permitted by statute. The DOC therefore revoked the credit time in excess of four years. Part of the four years of credit that the DOC allowed Ellsworth to retain was the one year of credit for the associate's degree earned under the prior version of the statute. Because this one year was subtracted from Ellsworth's total sentence, in spite of his multiple educational achievements, the net result of his educational credits was to advance his projected release date by three and one-half years, not the four-year maximum allowed by the statute. When Ellsworth learned of this result, he attempted to return his associate's degree so that he could gain the full credit time benefit of his second bachelor's degree, but the awarding institution refused to accept the returned degree.

Ellsworth filed a writ of habeas corpus arguing that he was entitled to release according to the appropriate calculation of his educational eredit time, which would advance his projected release date four years (the statutory maximum). The DOC opposed the petition, contending that Ells-worth's interpretation was contrary to the plain meaning of the statute.

After a hearing, the trial court entered an order finding that Ellsworth was entitled to the ameliorative effects of the 1999 revision of the statute and requiring the DOC to release him. The DOC now appeals.3

DISCUSSION AND DECISION

The DOC argues that the trial court's decision is contrary to the plain, unambiguous language of the statute. The instant case involves a question of statutory interpretation. The interpretation of a statute is a question of law reserved for the courts. Indiana Family & Soc. Servs. Admin. v. Radigan, 755 N.E.2d 617, 620 (Ind.Ct.App.2001); South Bend Tribune v. South Bend Cmty. Sch. Corp., 740 N.E.2d 937, 938 (Ind.Ct.App.2000). - Appellate courts review questions of law under a de novo standard and owe no deference to a trial court's legal conclusions. Radigan, 755 N.E.2d at 620; South Bend Tribune, 740 N.E.2d at 938; Wayne Metal Prods. Co., Inc. v. Indiana Dep't of Envtl. Mgmt., 721 N.E2d 316, 317 (Ind.Ct.App.1999), trans. denied (2000).

Our initial inquiry is whether the statute is clear and unambiguous on its face. Radigan, 755 N.E.2d at 622. When a statute is clear and unambiguous on its face, this court does not interpret the statute. South Bend Tribune, 740 N.E.2d at 938; Wayne Metal Prods., 721 N.E.2d at 317. Instead we must hold the statute to its [870]*870clear and plain meaning. South Bend Tribune, 740 N.E.2d at 938. Construction is warranted only where a statute is susceptible to more than one interpretation. Radigan, 755 N.E.2d at 622. In such cases, we must ascertain the legislative intent and interpret the statute so as to effectuate that intent. Id.; Diaz v. State, 753 N.E.2d 724, 729 (Ind.Ct.App.2001), trans. denied; Wayne Metal Prods., 721 N.E.2d at 317.

Words and phrases in a single section are construed together with the other parts of the same section and with the statute as a whole, in order that the spirit and purpose of the statute is carried out. Radigan, 755 N.E.2d at 622. Moreover, we view the statute within the context of the entire act rather than in isolation. Id. Finally, where a statute is reasonably susceptible to more than one interpretation, we must consider the consequences of a particular construction. Id.

In pertinent part, IC 35-50-6-8.3 provides that:

"(a) In addition to any credit time a person earns under subsection (b) or section 8 of this chapter, a person earns credit time if the person:
(1) is in eredit Class I;
(2) has demonstrated a pattern consistent with rehabilitation; and
(8) successfully completes requirements to obtain one (1) of the following:
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(C) An associate's degree from an approved institution of higher learning (as defined under IC 20-12-21, 8).
(D) A bachelor's degree from an approved institution of higher learning (as defined under IC 20-12-21-3).
(b) In addition to any credit time that a person earns under subsection (a) or section 8 of this chapter, a person may earn credit time if, while confined by the department of correction, the person:
(1) is in credit Class I;
(2) demonstrates a pattern consistent with rehabilitation; and
(3) successfully completes - requirements to obtain at least one (1) of the following:
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(B) A certificate of completion of a substance abuse program approved by the department of correction.
[[Image here]]
(d) The amount of credit time a person may earn under this section is the following:
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(8) One (1) year for completion of an associate's degree.
(4) Two (2) years for completion of a bachelor's degree.

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Cotton v. Ellsworth
788 N.E.2d 867 (Indiana Court of Appeals, 2003)

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788 N.E.2d 867, 2003 Ind. App. LEXIS 836, 2003 WL 21149514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cotton-v-ellsworth-indctapp-2003.