However, the Indiana Court of Appeals reversed her conviction, concluding that the feticide law under which she was prosecuted had previously only been applied to abortionists, and deeming it insufficiently clear whether her neglect after birth was the cause of her son’s death.

Monday was the deadline for Indiana’s highest court to agree to take up the case, and it passed without a request to do so. Prosecutors did not respond to the South Bend Tribune’s requests for comment.

The appeals court panel that threw out Patel’s conviction ordered that she instead be sentenced on one count of Class D felony child neglect, which carries a maximum penalty of three years. The Tribune explains: “Based on the day-for-day credit for prison time that would have been applied at Patel’s March 31, 2015 sentencing, along with several days of credit for jail time served, her latest possible release date could come before the end of September.”

Monday was the deadline for Indiana’s highest court to agree to take up the case, and it passed without a request to do so. Prosecutors did not respond to the South Bend Tribune’s requests for comment.

The appeals court panel that threw out Patel’s conviction ordered that she instead be sentenced on one count of Class D felony child neglect, which carries a maximum penalty of three years. The Tribune explains: “Based on the day-for-day credit for prison time that would have been applied at Patel’s March 31, 2015 sentencing, along with several days of credit for jail time served, her latest possible release date could come before the end of September.”

Calvin Freiburger