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Patel to be released from prison after resentencing on lesser charge

August 31, 2016

The Granger woman whose feticide conviction was overturned by the Indiana Court of Appeals last month is now a free woman.

St. Joseph Superior Court resentenced Purvi Patel Wednesday to 18 months for the Class D felony. She has served 525 days and with Class 1 credit, has served a total of 1050 days, which exceeds the new 18-month sentence.

Last year, a jury convicted Patel of Class A felony neglect of a dependent and Class B felony feticide. Prosecutors alleged she failed to provide medical care to her baby immediately after his birth, a birth she induced by taking drugs in an attempt to have an abortion. The baby was estimated to be between 25-30 weeks at birth.

The Indiana Court of Appeals reversed her convictions in July and ordered her neglect charge entered as a Class D felony based on the evidence at her trial. The Court of Appeals held that the state misapplied the feticide law and it doesn’t apply to women who induce their own abortions.

St. Joseph Superior Judge Elizabeth Hurley ordered Patel immediately released from the Department of Correction. The order also says she shall not be subject to supervision on parole.

Patel’s case caught the attention of several groups who claimed in amicus briefs in Patel’s appeal that upholding her convictions would criminalize women for their pregnancy or child birth outcomes.
 

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