Anthony W. Shepard v. State of Indiana (mem. dec.) ( 2018 )

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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