office of attorney general greg zoeller, attorney general steve creason, chief counsel for appeals...

Office of Attorney General

Greg Zoeller, Attorney GeneralSteve Creason, Chief Counsel for AppealsAndrew Kobe, Section Chief for Criminal AppealsHenry Flores, Extraditions & Detainers Counsel

Office of Attorney GeneralWho are we?

158 Deputy AGs

225 non-attorneys

Main office in Indianapolis

Satellite offices

Office of Attorney GeneralWhat do we do?

State's law firm

Represent the State, agencies, officers, & employees

Full panoply of legal services

Office of Attorney GeneralWhat do we do?Criminal Law

• Criminal Appeals

• Capital Post-Conviction Relief

• Federal Habeas Corpus

• Extraditions

• Prosecution & Investigation

• Mandamus

• Victim Rights


Civil Litigation

• Civil Rights

• Employment

• Constitutional Challenges

• Sex Offender Registration

• Counsel to Agencies


Everything Else

• Consumer Protection & Enforcement

• Administrative Law

• Advisory Services

• Contracts

• Real Estate/Condemnation


Everything Else

• Environmental Law

• Child Welfare

• Privacy Enforcement

• Civil Appellate Practice

• Multistate Litigation


Everything Else

• Professional License Enforcement

• Tax Litigation & Collections

• Mediation

• Unclaimed Property

• Identity Theft & Privacy

Office of Attorney GeneralCriminal Appeals

27 Deputy AGs

Former deputy prosecutors & career appellate attorneys

About 1500 cases yearly

Over 90% success rate


Interlocutory Appeals

• Appeals before final judgment

• Usually by permission only

• You handle Motions to Certify

• AG handles Motions to Accept Jurisdiction

• AG handles appeal


Direct Appeals

• Convictions

• Sentences

• Criminal Contempt

• Bail/Bond

• Belated Appeals


Post-Conviction Remedies

• Appeals from PCRs

• Appeals from other post-judgment motions

• Capital PCRs

• Some state habeas corpus

• Federal Habeas Corpus


Appeals by the State• Taken by OAG

• Limited by I.C. 35-38-4-2

• Interlocutory appeals allowed

• Complete form to request appealwww.in.gov/attorneygeneral/2351.htm

• Approved by elected/chief deputy

• Cost of record preparation


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)



Explain for the the Record:

• Events that happen in the courtroom

• Gestures by witnesses

• Marks on exhibits



Consider the appellate consequences

When in doubt, contact us:

Andrew Kobe317-233-3349

[email protected]


Original Actions• Writs of Mandamus and

Prohibition

• Suits against trial court to compel judge to do legal obligation

• In Supreme Court only

• You & trial judge can appear

• AG can appear separately or to represent a party

Office of Attorney GeneralCriminal Law Services

Prosecution Assistance

• Constitutional Challenges

• Capital Litigation

• Complex Cases

• Novel Issues of Law


Prosecution Section

• AG has limited jurisdiction to bring criminal charges

• Tax crimes

• Assist In Any Prosecution• Election Fraud• Government Corruption


Medicaid Fraud Control Unit• Established to comply with

Federal law

• Investigates Medicaid fraud & related crime by medical providers

• Brings case to you for filing

• Can assist with prosecution

• Can handle case for you


Victim Services• Appellate Victim Notification

• Keeps crime victims informed during appeal

• Requires your cooperation

• Address Confidentiality Program

• Hope Cards

Office of Attorney GeneralExtraditions & 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


Extradition Clause U.S. Const. Art. IV, §2, cl. 2

Extradition Act18 U.S.C. § 3181, et. seq.

Uniform Criminal Extradition ActI.C. § 35-33-10-3


Extradition process between Governors

OAG manages process for Indiana Governor

Call us with questions

Henry Flores317-233-1665

[email protected].


Fugitive arrested in "Asylum State"

Prosecutor submits application to Governor

Governor issues requisition

Asylum state's Governor issues Warrant

Demanding state picks up fugitive


Federal government does not extradite

• alternative procedure to request federal prisonerswrit of habeas corpus ad prosequendum

• I.C. § 35-33-10-5

• voluntary on DOJ's part


Interstate Agreement on Detainers — I.C. §35-33-10-4

48 States and federal government

allows prosecutors and prisoners to resolve"untried" charges prior to prisoner's release

special rules for speedy trial & transport


IAD applies only when:

• Prisoner serving a term of imprisonment

• In state or federal prison (not county jail)

• Detainer has been lodged

• For an untried charge


IAD does not apply:

• prisoner in county jail

• detainer is for probation/parole violations

• detainer is for sentencing (split authority)

• no detainer lodged with prison

• Capital/LWOP case


Terms of IAD

• Prisoners or Prosecutors can initiate return

• Shortened speedy trial period (120 or 180 days)

• Anti-Shuttling Provision

• All detainers from a state must be tried before prisoner returned


Remedy for Violations?

DISCHARGE

Henry FloresDeputy Attorney

General317-233-1665

[email protected]

Ronald LefflerIAD Administrator

Ind. Dept. of Correction317-232-5972


IAD Questions? Don't guess, contact us:

Office of Attorney GeneralContacts

Appeals Division

Stephen CreasonChief Counsel for Appeals

Andrew KobeChief, Criminal Appeals Section

Henry FloresExtraditions & Detainers

[email protected]

[email protected]

[email protected]


Other Criminal Law Contacts

Gary SecrestAssistant Attorney General

Matt WhitmireDeputy Director, MFCU

Mark ConnerChief, Criminal Pros. Section

[email protected]

[email protected]

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[email protected]

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Civil & Consumer Contacts

Patricia ErdmannChief Counsel for Litigation

Betsy IsenbergAsst. Chief, Civil Litigation Section

Terry TolliverDeputy Director, Consumer Protection Division

[email protected]

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[email protected]

[email protected]

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Main OfficeIndiana Government Center South

302 W. Washington St., 5th Fl.Indianapolis, IN 46204

Medicaid Fraud Control Unit8005 Castleway Dr.

Indianapolis, IN 46250

office of attorney general greg zoeller, attorney general steve creason, chief counsel for appeals...

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