Southern District of Indiana Federal Court: Divisions, Rules and Prisons

The U.S. District Court for the Southern District of Indiana is the federal trial court for 60 counties in central and southern Indiana, including Marion, Vigo, Vanderburgh and Clark counties (28 U.S.C. § 94(b)). It has four divisions, with courthouses in Indianapolis, Terre Haute, Evansville and New Albany. Here is where the court sits, who prosecutes and defends cases there, and its local presentence report rules.

We handle federal cases nationwide.

Where does the court sit?

The district has four divisions. Court for the Indianapolis Division is held at Indianapolis and Richmond, and court for the Terre Haute, Evansville and New Albany divisions is held in those cities (28 U.S.C. § 94(b)). The court's site lists these courthouses:

Indianapolis
Birch Bayh Federal Building and U.S. Courthouse, 46 East Ohio Street. The Indianapolis Division covers 26 counties, including Marion, Hamilton, Madison and Delaware counties (28 U.S.C. § 94(b)(1)).
Terre Haute
921 Ohio Street. Clay, Greene, Knox, Owen, Parke, Putnam, Sullivan, Vermillion and Vigo counties.
Evansville
Winfield K. Denton Federal Building and U.S. Courthouse, 101 Northwest Martin Luther King Boulevard. Daviess, Dubois, Gibson, Martin, Perry, Pike, Posey, Spencer, Vanderburgh and Warrick counties.
New Albany
Lee H. Hamilton Federal Building and U.S. Courthouse, 121 West Spring Street. Clark, Crawford, Dearborn, Floyd, Harrison, Jackson, Jefferson, Jennings, Lawrence, Ohio, Orange, Ripley, Scott, Switzerland and Washington counties.

The court's site lists no courthouse in Richmond.

United States District Court for the Southern District of Indiana

Which appeals court covers it?

Appeals from this court go to the U.S. Court of Appeals for the Seventh Circuit (28 U.S.C. §§ 41, 1294(1)). Its decisions are binding on the federal judges in this district, so its precedent governs cases here (uscourts.gov, About the U.S. Courts of Appeals).

Our Seventh Circuit appeals guide covers deadlines and the court’s own rules for criminal appeals.

Who prosecutes and who defends?

Federal prosecutors here work for the United States Attorney's Office for the Southern District of Indiana, part of the U.S. Department of Justice.

Anyone charged with a federal crime who can’t afford a lawyer can ask the court to appoint one (18 U.S.C. § 3006A). Here, appointed lawyers come from the Indiana Federal Community Defenders, a Community Defender organization based in Indianapolis, or from a panel of private lawyers the court approves.

Where are the local rules and sentencing procedures?

Every federal court follows the national rules, such as the Federal Rules of Criminal Procedure, plus its own local rules. This court publishes them on its local rules page.

Local Criminal Rule 32-2 sets the presentence schedule here. Within 14 days after a guilty plea petition, plea agreement, guilty plea or guilty verdict, each side gives the probation officer its written version of the offense facts. Objections to the report go to the probation officer within 14 days after it is disclosed, and the final report goes to the judge at least 7 days before sentencing. If the defendant cooperated, the report leaves out the cooperation information, and the probation office's sentencing recommendation goes only to the court.

“Within 14 days following disclosure of the presentence report, unless the court determines otherwise, all counsel must file in writing with the probation officer and serve on each other all objections or corrections they may have”
S.D. Ind. Local Criminal Rule 32-2(e)

Is Brandon Sample admitted in this court?

Yes. Brandon Sample is admitted to practice before the U.S. District Court for the Southern District of Indiana. He has also handled federal cases in courts across the country.

Which federal prisons are in this district?

Bureau of Prisons facilities in this district (bop.gov lists their judicial district as Southern Indiana). Both are part of the Federal Correctional Complex (FCC) Terre Haute:

FCI Terre Haute
Medium security, with a satellite camp. Terre Haute, Indiana.
USP Terre Haute
High security. Terre Haute, Indiana.

A prison being in this district doesn’t mean someone sentenced here will go there. The Bureau of Prisons decides where each person serves their sentence (18 U.S.C. § 3621(b)).

What should you know about a federal case in this district?

The first hearing comes fast. After an arrest, the person goes before a magistrate judge without unnecessary delay for an initial appearance (Fed. R. Crim. P. 5(a)). The judge decides whether they stay in custody while the case goes on (18 U.S.C. § 3142).
Most felony cases start with an indictment. A grand jury decides in private whether to approve the charges (Fed. R. Crim. P. 6, 7).
The presentence report matters. A federal probation officer writes a report on the offense and the person’s life before sentencing, and the defense can object to mistakes in it (Fed. R. Crim. P. 32(c)–(f)). Check this court’s schedule above.
The judge decides the sentence. The judge must consider the Sentencing Guidelines and the factors in 18 U.S.C. § 3553(a), including the person’s history and background. Family and friends can write letters; there is no limit on the background information a judge may consider (18 U.S.C. § 3661).
The appeal clock is short. A defendant’s notice of appeal is usually due within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)).
Prison phones and email are monitored. Don’t discuss the case on them (28 C.F.R. § 540.102).

How a federal criminal case works →

Questions about the Southern District of Indiana

Which courthouse will a Southern District of Indiana case be in?

It depends on the county. The district has four divisions (28 U.S.C. § 94(b)). Cases from Marion County and 25 other central Indiana counties go to Indianapolis, and the court's site lists the counties served by its Terre Haute, Evansville and New Albany courthouses. The charging papers and the docket show the division.

When does each side give the probation officer its version of the facts?

Within 14 days after a guilty plea petition, plea agreement, guilty plea or guilty verdict. Under Local Criminal Rule 32-2(c), the government and the defense each submit a written version of the offense facts to the probation officer, or tell the officer that another document already covers it, and give it to the other side too.

When are presentence report objections due in this court?

Within 14 days after the report is disclosed, unless the court sets a different time. Local Criminal Rule 32-2(e) requires objections in writing to the probation officer, served on the other side. Under Rule 32-2(g), the final report and an addendum listing unresolved objections go to the judge at least 7 days before sentencing.

Who represents people here who can't afford a lawyer?

The court can appoint a lawyer (18 U.S.C. § 3006A). In this district, appointed lawyers come from Indiana Federal Community Defenders, based in Indianapolis, or from a panel of private lawyers the court approves.

Where do appeals from this court go?

To the U.S. Court of Appeals for the Seventh Circuit (28 U.S.C. §§ 41, 1294(1)). A defendant's notice of appeal is usually due within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)).

Sources

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Federal cases in the Southern District of Indiana