Anthony W. Shepard v. State of Indiana (mem. dec.)

MEMORANDUM DECISION FILED ON REHEARING Jun 14 2018, 8:43 am

Pursuant to Ind. Appellate Rule 65(D), this CLERK Indiana Supreme Court Court of Appeals Memorandum Decision shall not be regarded as and Tax Court 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 Anthony W. Shepard Curtis T. Hill, Jr. New Castle, Indiana Attorney General of Indiana

Angela N. Sanchez Supervising Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Anthony W. Shepard, June 14, 2018

Appellant-Petitioner, Court of Appeals Case No. 33A01-1611-PC-2716 v. Appeal from the Henry Circuit Court. The Honorable Kit C. Dean Crane, State of Indiana, Judge. Appellee-Respondent. Trial Court Cause No. 33C02-1608-PC-3

Friedlander, Senior Judge [1] The State has petitioned for rehearing of this Court’s decision in Shepard v. State,

Cause No. 33A01-1611-PC-2716 (Ind. Ct. App. Mar. 22, 2018), in which we

determined that Anthony Shepard is entitled to an evidentiary hearing on his Court of Appeals of Indiana | Memorandum Decision on Rehearing 33A01-1611-PC-2716 | June 14. 2018

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challenge to the voluntariness of his plea agreement. His guilty plea, and the

resulting conviction, led to the revocation of his parole. We reversed the post-

conviction court’s grant of summary disposition in favor of the State and

remanded for further proceedings. We now grant the State’s petition for

rehearing for the sole purpose of clarifying what is required on remand but

affirm our opinion in all respects. [2] The State does not challenge the Court’s conclusion that an evidentiary hearing

is required. Instead, the State argues that the Henry Circuit Court is the wrong

court to hear Shepard’s claims because he was convicted in Allen County.

Henry County is merely Shepard’s county of incarceration, so the State asks the

Court to order Shepard’s petition to be transferred to Allen County. [3] We agree with the State. See Miller v. Lowrance, 629 N.E.2d 846, 847 (Ind.

1994) (“State courts in the counties in which our prisons are located have no

jurisdiction to examine or review a final judgment of a court of competent

jurisdiction regular upon its face.”). As a result, we grant rehearing, affirm our

previous Memorandum Decision, and direct the Henry Circuit Court to transfer

Shepard’s petition to Allen County for further proceedings.

Baker, J., and Najam, J., concur.

Court of Appeals of Indiana | Memorandum Decision on Rehearing 33A01-1611-PC-2716 | June 14. 2018

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