Office of Attorney General Greg Zoeller Attorney General

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

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

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

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

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

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

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

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

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

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

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

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

Office of Attorney General Criminal Appeals by the State • Taken by OAG • Limited by I. C. 35 -38 -4 -2 • Interlocutory appeals allowed • Complete form to request appeal www. in. gov/attorneygeneral/2351. ht m • Approved by elected/chief deputy • Cost of record preparation

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)

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

Office of Attorney General Criminal Appeals Protecting Your Record Consider the appellate consequences When in doubt, contact us: Andrew Kobe 317 -233 -3349 andrew. kobe@atg. in. gov

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

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

Office of Attorney General Criminal Law Services 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

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

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

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. § 35 -33 -10 -3

Office of Attorney General Extraditions & Detainers Extradition process between Governors OAG manages process for Indiana Governor Call us with questions Henry Flores 317 -233 -1665 henry. flores@atg. in. gov.

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

Office of Attorney General Extraditions & Detainers Federal government does not extradite • alternative procedure to request federal prisoners writ of habeas corpus ad prosequendum • I. C. § 35 -33 -10 -5 • voluntary on DOJ's part

Office of Attorney General Extraditions & Detainers Interstate Agreement on Detainers — I. C. § 35 -33 -104 48 States and federal government allows prosecutors and prisoners to resolve "untried" charges prior to prisoner's release special rules for speedy trial & transport

Office of Attorney General Extraditions & Detainers 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

Office of Attorney General Extraditions & Detainers 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

Office of Attorney General Extraditions & Detainers 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

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

Office of Attorney General Extraditions & Detainers IAD Questions? Don't guess, contact us: Henry Flores Deputy Attorney General 317 -233 -1665 henry. flores@atg. in. gov Ronald Leffler IAD Administrator Ind. Dept. of Correction 317 -232 -5972

Office of Attorney General Contacts Appeals Division Stephen Creason Chief Counsel for Appeals Andrew Kobe Chief, Criminal Appeals Section Henry Flores Extraditions & Detainers 317 -232 -6222 steve. creason@atg. in. gov 317 -233 -3349 andrew. kobe@atg. in. gov 317 -233 -1665 henry. flores@atg. in. gov

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 317 -232 -6315 gary. secrest@atg. in. gov 317 -915 -5303 matthew. whitmire@atg. in. gov 317 -234 -4663 mark. conner@atg. in. gov.

Office of Attorney General Contacts Civil & Consumer Contacts Patricia Erdmann Chief Counsel for Litigation Betsy Isenberg Asst. Chief, 317 -232 -6318 patricia. erdmann@atg. in. gov 317 -232 -6231 betsy. isenberg@atg. in. gov Civil Litigation Section Terry Tolliver Deputy Director, Consumer Protection Division 317 -234 -6684 terry. tolliver@atg. in. gov.

Office of Attorney General Contacts Main Office Indiana Government Center South 302 W. Washington St. , 5 th Fl. Indianapolis, IN 46204 Medicaid Fraud Control Unit 8005 Castleway Dr. Indianapolis, IN 46250