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Wednesday, March 14, 2012

Ind. Decisions - Petition for transfer filed in Bei Bei Shuai death of fetus case

Updating this long list of earlier ILB entries, a petition to transfer was filed March 9th in the Bei Bei Shuai case.

Today marks the one year anniversary of the jailing of Bei Bei Shuai, without bail

Here are the transfer petition and amicus briefs filed on behalf of Ms. Shuai. Here is the Feb. 8th COA opinion.

Here are the questions presented on transfer:

I. By inserting the term "fetus" in the murder and feticide statutes, did the Indiana Legislature intend to make pregnant women criminally liable for the outcome of their pregnancies, contrary to over 200 years of Indiana legislative and judicial history?

II. Did the court of appeals contravene settled case law by refusing to address any constitutional claims because it had resolved the case against the defendant based on the plain language of criminal statutes?

III. Does the State's unprecedented prosecution of a pregnant woman for murder and feticide based upon her attempt to commit suicide violate multiple constitutional provisions when she was not provided notice that by being pregnant she would be subject to the homicide laws if her actions or inactions were perceived by law enforcement to potentially harm her fetus?

Posted by Marcia Oddi on March 14, 2012 07:05 PM
Posted to Ind. App.Ct. Decisions