William Temple v. New Castle Correctional Facility (NFP)

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Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as 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. Dec 16 2014, 9:43 am APPELLANT PRO SE: ATTORNEYS FOR APPELLEE: WILLIAM TEMPLE New Castle, Indiana GREGORY F. ZOELLER Attorney General of Indiana KATHY BRADLEY Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA WILLIAM TEMPLE, Appellant-Defendant, vs. NEW CASTLE CORRECTIONAL FACILITY, Appellee-Plaintiff. ) ) ) ) ) ) ) ) ) ) No. 33A01-1408-MI-336 APPEAL FROM THE HENRY CIRCUIT COURT The Honorable Kit C. Dean Crane, Judge Cause No. 33C02-1209-MI-110 December 16, 2014 MEMORANDUM DECISION – NOT FOR PUBLICATION BAKER, Judge On September 6, 2012, William Temple filed a pro se “Petition for Writ of State Habeas Corpus Relief” in Henry County. The trial court dismissed Temple’s motion and Temple appealed. On July 3, 2013, a panel of this Court reversed and remanded with instructions to “transfer[] the cause to the court where [Temple] was convicted and sentenced, namely, the Marion Superior Court.” Temple v. State, No. 33A01-1211-MI533, at *2 (Ind. Ct. App. July 3, 2013). The Henry Circuit Court failed to follow this Court’s explicit instructions to transfer this cause to the Marion Superior Court. Instead, on July 21, 2014, the trial court denied Temple’s petition and granted summary disposition to New Castle Correctional Facility. Inasmuch as the trial court failed to follow this Court’s instructions on remand, we again reverse and remand with the same instructions. The judgment of the trial court is reversed and remanded with instructions to transfer the cause to Marion Superior Court, where Temple was convicted and sentenced. VAIDIK, C.J., and RILEY, J., concur. 2

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