Sunday, December 04, 2011
Ind. Courts - Bei Bei Shuai Appeal set for Dec. 13th; Briefs posted by ILB
Updating a long list of ILB entries on Bei Bei Shuai, the suicidal woman changed with feticide, the Court of Appeals will hear oral argument in Bei Bei Shuai v State on 1:30 pm, Tuesday, Dec. 13, in the Supreme Courtroom and it will be webcast. The panel is Judges Najam, Riley and May.
The appeals have been consolidated, meaning that the original bond denial appeal, and the appeal filed in October which, according to the Indy Star story at the time, seeks dismissal of the charges "on several grounds, including that attempting suicide is not a crime in Indiana and the state may not create a new crime just for pregnant women," will now be heard on Dec. 13th.
There is national interest in this case and a number of amicus briefs have been filed on behalf of Ms. Shuai. Happily, the ILB has been able to acquire the briefs of the parties and of the amici curiae, and is posting them here:
- 2011-07-28 - Shuai APPEAL - Brief of Appellant - 67 pp. - Issue: Whether the trial court's denial of Bei Bei Shuai's petition for habeas corpus and reasonable bail violated her federal and state constituional rights to be afforded bail.
- 2011-08-12 - Shuai Appeal - Brief of The Appellee - 43 pp. - Issue: Whether the trial court properly denied bail where Defendant failed to meet her burden to prove that the proof is not evident or the presumption strong that Defendant committed murder.
- 2011-08-19 - Shuai - Reply Brief of Appellant - 37 pp.
- Amicus briefs
- 2011-07-28 - Shuai - APPEAL BAIL - Perinatal Depression (Atty Foster) - 18 pp.
- 2011-07-28 - Shuai - Appeal BAIL - Perinatal Loss (Atty Lukemeyer)- 28 pp.
- 2011-07-28 - Shuai - Appeal Bail - Public Health Brief (Atty Orentlicher) - 28 pp.
- 2011-07-28 - Shuai - APPEAL BAIL - Sex Discrimination Brief (Atty Blevins) - 29 pp.
- 2011-08-01 - Shuai APPEAL BAIL - ACLU - Brief of Amici Curiae ACLU and ACLU Indiana - 25 pp.
- 2011-10-17 - Shuai Dismissal Appeal - Appellant Brief - 67 pp. - Issue: Can a pregnant woman be prosecuted for murder and attempted feticide based upon her attempt to commit suicide? Can Indiana's murder and feticide statutes be rewritten and expanded to make pregnant women criminally liable for the outcome of their pregnancies?
- 2011-11-21 - Shuai - Appellee Brief re Dismissal - 46 pp. - Issue: Whether the trial court proprly denied Defendant's motion to dismiss charges of murder and attempted feticide.
- Amicus briefs
- 2011-10-17 - Shuai Amicus Medical Providers Brief (Orenticher) - 22 pp.
- 2011-10-17 - Shuai Amicus brief (Atty Foster) - 13 pp.
- 2011-10-17 - Shuai Amicus Brief (Atty Blevins) - 28 pp.
- 2011-10-17 - Shuai Appeal Dismissal (Atty Lukemeyer) - 23 pp.
- 2011-10-17 - Shuai Appeal Dismissal (Atty Rose - ACLU) - 25 pp.
Posted by Marcia Oddi on December 4, 2011 09:16 PM
Posted to Indiana Courts