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If the Court of Appeals orders a new trial in a criminal case and the defendant is in prison, is the defendant immediately released?

April 26, 2017appeals Case Court criminal defendant immediately orders prison trial

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If the Court of Appeals orders a new trial in a criminal case and the defendant is in prison, is the defendant immediately released?

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Typically, the defendant will remain in prison at least until the Indiana Attorney General, after consulting with the local county prosecutor who tried the case, makes a decision about whether to file a petition to transfer the case to the Indiana Supreme Court or to retry the defendant.