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655 N.E.2d 47

Miller v. Walker

Indiana Supreme Court

Decided August 28, 1995

Indiana Supreme Court · decided 1995-08-28

Relies on Lake County Beverage Co. v. 21st Amendment, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1995-08-28

How this case has been cited

Cited by 13 later decisions — most recently June 2013

13 state decisions

60199520002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SULLIVAN, Justice,

¶1dissenting.

¶2I do not disagree that the majority's explanation as to how the credit time for educational achievement program should work is sensible.

¶3Nor do I disagree that the majority's explanation properly interprets the statute as amended by the legislature in 1995.

¶4But I do disagree that the majority has properly read the statute as in effect prior to 1995. I think the statute is properly read to provide that a prisoner who successfully completes a G.E.D. test is entitled to be released six months earlier than would otherwise be the case and a prisoner who completes a bachelor's degree is entitled to be released two years earlier. Ind.Code § 35-50-6-8.3(b)(1) and (4) (1998), subsequently amended by 1995 Acts 148, § 7. As the majority points out, the legislature amended the statute earlier this year to provide that the ered-it time earned for educational achievement is to be deducted from the total sentence, rather than accelerate the release date. 1995 Acts 148, § 7. This change itself demonstrates that the trial courts in these cases were correct in their rulings. An amendment changing a prior statute indicates a legislative intention that the meaning of the prior statute has been changed. Lake County Beverage Co. v. 21st Amendment (1982), Ind.App., 441 N.E.2d 1008, 1011, trans. denied.

¶5For these reasons, I would affirm the decisions of the trial courts in these two cases.

¶6DeBRULER, J., joins.

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