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Tuesday, February 14, 2012

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

Updating my earlier post today on implementation of the COA decision last week in Bei Bei Shuai v. State, I've received some feedback on what to expect as a result of the COA ruling last week.

Be aware that this is speculation from attorneys not associated with the case. But it looks like it could be months before Ms. Shuai's bond hearing before the Marion County Court, which I had been told was originally scheduled for last Friday.

The word is that the trial court vacated the bond hearing given that Ind. R. App. P. 65(E) forbids reliance on a COA opinion prior to certification:

E. Certification of Opinion or Not-For-Publication Memorandum Decision. The Clerk shall serve uncertified copies of any opinion or not-for-publication memorandum decision by a Court on Appeal to all counsel of record, unrepresented parties, and the trial court at the time the opinion or memorandum decision is handed down. The Clerk shall certify the opinion or memorandum decision to the trial court or Administrative Agency only after the time for all Petitions for Rehearing, Transfer, or Review has expired, unless all the parties request earlier certification. If the Supreme Court grants transfer or review, the Clerk shall not certify any opinion or memorandum decision until final disposition by the Supreme Court. The trial court, Administrative Agency, and parties shall not take any action in reliance upon the opinion or memorandum decision until the opinion or memorandum decision is certified.
IF no appeal is filed, this could take a few weeks -- in one case I just checked the COA opinion was issued 10/14/09 and the opinion was certified 11/24/09.

But, as a reader writes:

Assuming someone seeks rehearing or transfer (which obviously I’d anticipate that at least one party, and likely both parties, will), I think that it will take many months.

I think there is some mechanism for either seeking immediate certification (although I think this requires both parties’ consent) or seeking a stay of the initial order denying bail in the interim, but I don’t know whether Bei Bei’s attorneys are considering those options.

Posted by Marcia Oddi on February 14, 2012 12:46 PM
Posted to Ind. App.Ct. Decisions