Presentation is loading. Please wait.

Presentation is loading. Please wait.

Office of Attorney General Greg Zoeller, Attorney General Steve Creason, Chief Counsel for Appeals Andrew Kobe, Section Chief for Criminal Appeals Henry.

Similar presentations


Presentation on theme: "Office of Attorney General Greg Zoeller, Attorney General Steve Creason, Chief Counsel for Appeals Andrew Kobe, Section Chief for Criminal Appeals Henry."— Presentation transcript:

1 Office of Attorney General Greg Zoeller, Attorney General Steve Creason, Chief Counsel for Appeals Andrew Kobe, Section Chief for Criminal Appeals Henry Flores, Extraditions & Detainers Counsel

2 Office of Attorney General Who are we? 158 Deputy AGs 225 non-attorneys Main office in Indianapolis Satellite offices

3 Office of Attorney General What do we do? State's law firm Represent the State, agencies, officers, & employees Full panoply of legal services

4 Office of Attorney General What do we do? Criminal Law Criminal Appeals Criminal Appeals Capital Post-Conviction Relief Capital Post-Conviction Relief Federal Habeas Corpus Federal Habeas Corpus Extraditions Extraditions Prosecution & Investigation Prosecution & Investigation Mandamus Mandamus Victim Rights Victim Rights

5 Office of Attorney General What do we do? Civil Litigation Civil Rights Civil Rights Employment Employment Constitutional Challenges Constitutional Challenges Sex Offender Registration Sex Offender Registration Counsel to Agencies Counsel to Agencies

6 Office of Attorney General What do we do? Everything Else Consumer Protection & Enforcement Consumer Protection & Enforcement Administrative Law Administrative Law Advisory Services Advisory Services Contracts Contracts Real Estate/Condemnation Real Estate/Condemnation

7 Office of Attorney General What do we do? Everything Else Environmental Law Environmental Law Child Welfare Child Welfare Privacy Enforcement Privacy Enforcement Civil Appellate Practice Civil Appellate Practice Multistate Litigation Multistate Litigation

8 Office of Attorney General What do we do? Everything Else Professional License Enforcement Professional License Enforcement Tax Litigation & Collections Tax Litigation & Collections Mediation Mediation Unclaimed Property Unclaimed Property Identity Theft & Privacy Identity Theft & Privacy

9 Office of Attorney General Criminal Appeals 27 Deputy AGs Former deputy prosecutors & career appellate attorneys About 1500 cases yearly Over 90% success rate

10 Office of Attorney General Criminal Appeals Interlocutory Appeals Appeals before final judgment Appeals before final judgment Usually by permission only Usually by permission only You handle Motions to Certify You handle Motions to Certify AG handles Motions to Accept Jurisdiction AG handles Motions to Accept Jurisdiction AG handles appeal AG handles appeal

11 Office of Attorney General Criminal Appeals Direct Appeals Convictions Convictions Sentences Sentences Criminal Contempt Criminal Contempt Bail/Bond Bail/Bond Belated Appeals Belated Appeals

12 Office of Attorney General Criminal Appeals Post-Conviction Remedies Appeals from PCRs Appeals from PCRs Appeals from other post-judgment motions Appeals from other post-judgment motions Capital PCRs Capital PCRs Some state habeas corpus Some state habeas corpus Federal Habeas Corpus Federal Habeas Corpus

13 Office of Attorney General Criminal Appeals Appeals by the State Taken by OAG Taken by OAG Limited by I.C Limited by I.C Interlocutory appeals allowed Interlocutory appeals allowed Complete form to request appeal m Complete form to request appeal m Approved by elected/chief deputy Approved by elected/chief deputy Cost of record preparation Cost of record preparation

14 Office of Attorney General Criminal Appeals Protecting Your Record A judge's office isn't Vegas Resolve issues before trial, if you can Ensure CCS entries are correct Digital evidence: only widely used format (PDF, JPG)

15 Office of Attorney General Criminal Appeals Protecting Your Record Explain for the the Record: Events that happen in the courtroom Events that happen in the courtroom Gestures by witnesses Gestures by witnesses Marks on exhibits Marks on exhibits

16 Office of Attorney General Criminal Appeals Protecting Your Record Consider the appellate consequences When in doubt, contact us: Andrew Kobe

17 Office of Attorney General Criminal Appeals Original Actions Writs of Mandamus and Prohibition Writs of Mandamus and Prohibition Suits against trial court to compel judge to do legal obligation Suits against trial court to compel judge to do legal obligation In Supreme Court only In Supreme Court only You & trial judge can appear You & trial judge can appear AG can appear separately or to represent a party AG can appear separately or to represent a party

18 Office of Attorney General Criminal Law Services Prosecution Assistance Constitutional Challenges Constitutional Challenges Capital Litigation Capital Litigation Complex Cases Complex Cases Novel Issues of Law Novel Issues of Law

19 Office of Attorney General Criminal Law Services Prosecution Section AG has limited jurisdiction to bring criminal charges AG has limited jurisdiction to bring criminal charges Tax crimes Tax crimes Assist In Any Prosecution Assist In Any Prosecution Election Fraud Election Fraud Government Corruption Government Corruption

20 Office of Attorney General Criminal Law Services Medicaid Fraud Control Unit Established to comply with Federal law Established to comply with Federal law Investigates Medicaid fraud & related crime by medical providers Investigates Medicaid fraud & related crime by medical providers Brings case to you for filing Brings case to you for filing Can assist with prosecution Can assist with prosecution Can handle case for you Can handle case for you

21 Office of Attorney General Criminal Law Services Victim Services Appellate Victim Notification Appellate Victim Notification Keeps crime victims informed during appeal Keeps crime victims informed during appeal Requires your cooperation Requires your cooperation Address Confidentiality Program Address Confidentiality Program Hope Cards Hope Cards

22 Office of Attorney General Extraditions & Detainers Extradition process of sending a defendant from one state to another for criminal proceedings Detainer a request to a correctional facility to hold a prisoner for extradition before release

23 Office of Attorney General Extraditions & Detainers Extradition Clause U.S. Const. Art. IV, §2, cl. 2 Extradition Act 18 U.S.C. § 3181, et. seq. Uniform Criminal Extradition Act I.C. §

24 Office of Attorney General Extraditions & Detainers Extradition process between Governors OAG manages process for Indiana Governor Call us with questions Henry Flores

25 Office of Attorney General Extraditions & Detainers Fugitive arrested in "Asylum State" Prosecutor submits application to Governor Governor issues requisition Asylum state's Governor issues Warrant Demanding state picks up fugitive

26 Office of Attorney General Extraditions & Detainers Federal government does not extradite alternative procedure to request federal prisoners writ of habeas corpus ad prosequendum alternative procedure to request federal prisoners writ of habeas corpus ad prosequendum I.C. § I.C. § voluntary on DOJ's part voluntary on DOJ's part

27 Office of Attorney General Extraditions & Detainers Interstate Agreement on Detainers — I.C. § States and federal government allows prosecutors and prisoners to resolve "untried" charges prior to prisoner's release special rules for speedy trial & transport

28 Office of Attorney General Extraditions & Detainers IAD applies only when: Prisoner serving a term of imprisonment Prisoner serving a term of imprisonment In state or federal prison (not county jail) In state or federal prison (not county jail) Detainer has been lodged Detainer has been lodged For an untried charge For an untried charge

29 Office of Attorney General Extraditions & Detainers IAD does not apply: prisoner in county jail prisoner in county jail detainer is for probation/parole violations detainer is for probation/parole violations detainer is for sentencing (split authority) detainer is for sentencing (split authority) no detainer lodged with prison no detainer lodged with prison Capital/LWOP case Capital/LWOP case

30 Office of Attorney General Extraditions & Detainers Terms of IAD Prisoners or Prosecutors can initiate return Prisoners or Prosecutors can initiate return Shortened speedy trial period (120 or 180 days) Shortened speedy trial period (120 or 180 days) Anti-Shuttling Provision Anti-Shuttling Provision All detainers from a state must be tried before prisoner returned All detainers from a state must be tried before prisoner returned

31 Office of Attorney General Extraditions & Detainers Remedy for Violations? DISCHARGE

32 Henry Flores Deputy Attorney General Ronald Leffler IAD Administrator Ind. Dept. of Correction Office of Attorney General Extraditions & Detainers IAD Questions? Don't guess, contact us:

33 Office of Attorney General Contacts Appeals Division Stephen Creason Chief Counsel for Appeals Andrew Kobe Chief, Criminal Appeals Section Henry Flores Extraditions & Detainers

34 Office of Attorney General Contacts Other Criminal Law Contacts Gary Secrest Assistant Attorney General Matt Whitmire Deputy Director, MFCU Mark Conner Chief, Criminal Pros. Section

35 Office of Attorney General Contacts Civil & Consumer Contacts Patricia Erdmann Chief Counsel for Litigation Betsy Isenberg Asst. Chief, Civil Litigation Section Terry Tolliver Deputy Director, Consumer Protection Division

36 Office of Attorney General Contacts Main Office Indiana Government Center South 302 W. Washington St., 5th Fl. Indianapolis, IN Medicaid Fraud Control Unit 8005 Castleway Dr. Indianapolis, IN 46250

37


Download ppt "Office of Attorney General Greg Zoeller, Attorney General Steve Creason, Chief Counsel for Appeals Andrew Kobe, Section Chief for Criminal Appeals Henry."

Similar presentations


Ads by Google