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Thursday, August 25, 2016

Ind. Decisions - "No appeal in Indiana woman's overturned feticide conviction"

Updating this ILB post from Aug. 23rd ("Purvi Patel could walk free by September in feticide case"), Rick Callanhan of the AP reports in the Indianapolis Star:

INDIANAPOLIS (AP) — The attorney for an Indiana woman whose feticide conviction for a self-induced abortion was overturned said Tuesday he's pleased the state's attorney general decided not to appeal that ruling and hopes she's freed soon from prison.

A deadline for the attorney general's office to ask the Indiana Supreme Court to take up the state Court of Appeals ruling that reversed Purvi Patel's feticide conviction passed Monday without such a request. Patel's attorneys also did not ask the court to weigh in on the July ruling. * * *

Patel's attorney, Larry Marshall, said the reasoning laid out in the appeals court's unanimous ruling "was really unassailable, so I'm very pleased the state didn't drag things out just for the sake of dragging things out." * * *

In a statement, Attorney General Greg Zoeller said the state decided not to seek a rehearing before the appeals court or ask Indiana's high court to consider the case "after carefully reviewing" the ruling and consulting with local prosecutors.

He said they "concluded that further appeal would not be productive and that resolving the case now will serve the interests of justice."

Marshall said he expects the appeals court decision to be certified within about 10 days. After that, the St. Joseph County trial court judge will set a resentencing hearing.

If that judge sentences Patel to the maximum three years, Marshall said she actually would face an 18-month sentence because of credit for good behavior.

Under that sentence, Patel could potentially be released as early as late September because she has already served about 17 months, Marshall said.

"We're hoping for a speedy resentencing and for Purvi's speedy release," he said.

Posted by Marcia Oddi on August 25, 2016 09:49 AM
Posted to Ind. App.Ct. Decisions