Passwater v. Winn

This is an appeal from the Hamilton Circuit Court wherein the court under habeas corpus proceedings discharged the appellee from the custody of the appellants. Prior to the incarceration of the appellee by the Hamilton County officials, the following events had occurred: the appellee was on parole after having been convicted of murder in Texas. He came to Indianapolis after his release but he was still under sentence. Apparently his parole was revoked and under the authority of interstate compact concerning parolees (see Ind. Ann. Stat. §§ 9-3001 et seq.), the administrator of the compact issued a detainer which had the appellee taken into custody in the Marion County Jail. Subsequently, appellee filed a petition for a writ of habeas corpus which was denied by the Marion Circuit Court. Appellee initiated an appeal from this action and was released on appeal bond. (This appeal has been dismissed, see Winn v. Fields (1966), 247 Ind. 589, 219 N.E.2d 896.) The parole authorities had appellee reapprehended but the Marion County sheriffs office refused to accept him, as he was considered free on appeal bond. Consequently, the authorities took him to Hamilton County where he was held. The appellee then filed a petition for a writ of habeas corpus in the Hamilton Circuit Court which was granted. This appeal then arose.