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Thursday, February 09, 2012

Ind. Decisions - "Bond ordered in baby’s rat-poison death"

Updating the ILB's summary of yesterday's COA opinion, the AP's Charles Wilson has coverage today in a number of papers. From the story:

INDIANAPOLIS – A judge must grant bond to an Indianapolis woman accused of killing her premature baby by ingesting rat poison while she was pregnant, the Indiana Court of Appeals said Wednesday.

In a 2-1 ruling, the court reversed a lower court decision that denied bond for Chinese immigrant Bei Bei Shuai. The court said the defense presented sufficient evidence to rebut the murder and feticide charges, and ordered Marion Superior Court Judge Sheila Carlisle to set bond.

Carlisle ruled in June that Shuai should not be allowed out of jail because there was a strong presumption of her guilt. Bond is extremely rare in murder cases.

The three-judge panel on Wednesday rejected Shuai’s argument that her charges should be dismissed. The court said the 34-year-old Shuai had not proven that common-law immunity exists for pregnant women who harm their own fetuses.

Judge Patricia A. Riley dissented, saying she didn’t think legislators ever intended to use the feticide statute to criminalize pregnant women’s prenatal conduct.

I'm told hearing has been set for Friday in Judge Carlisle's courtroom.

Posted by Marcia Oddi on February 9, 2012 09:23 AM
Posted to Ind. App.Ct. Decisions