The Indiana Supreme Court decided Friday that it would not take the case of a Marion County woman appealing her charges of murder and attempted feticide after ingesting rat poison in an attempt to kill herself and her unborn child.

In Bei Bei Shuai vs. State of Indiana, No. 49A02-1106-CR-486, the Indiana Court of Appeals was asked on interlocutory appeal to determine whether the Marion Superior Court erred in denying Bei Bei Shuai bail and her motion to dismiss those charges.

Shuai’s baby died several days after delivery. Shuai was charged in March 2011.

Shuai’s arrest has led to questions about where the line is drawn in charging women with attempted feticide. Advocates for Shuai claim she was mentally ill and is being punished for attempting suicide, which isn’t a crime in Indiana.

The appellate court determined that Shuai sufficiently rebutted the presumption of guilt required to hold her without bail and remanded for determination of bail. But the court affirmed the denial of her motion to dismiss, finding the charging information was not deficient.