Cara Schaefer Wieneke

Founder and Managing Member

Cara has focused her entire career on criminal defense. As an undergraduate student at Indiana University, Cara majored in Criminal Justice. As a graduate student, Cara studied Criminology before deciding to attend law school. At the Indiana University School of Law — Indianapolis, Cara was a member of the Indiana Law Review, was named to the Order of Barristers in the school’s moot court competition, received an award for her dedication to pro bono service, and was president of the Law Students Against Capital Punishment. She graduated summa cum laude.

As an attorney, Cara served as a judicial law clerk for the Honorable Margret G. Robb on the Court of Appeals of Indiana. A brief stint at a family law firm prepared Cara for handling CHINS/TPR cases at the appellate level. As a deputy state public defender, she focused exclusively on representing clients during the post-conviction process. In 2007, Cara opened her own firm.

Cara is admitted to practice law in the State of Indiana, the Northern and Southern Districts of Indiana, and the Supreme Court of the United States. She is a life member of the National Association of Criminal Defense Lawyers and Scribes - The American Society of Legal Writers.

Cara currently resides in Morgan County, Indiana, with her husband and partner in law, Joel; and their two children.

Memberships/Affiliations

Life member, National Association of Criminal Defense Lawyers

Lifetime member, Scribes — American Society for Legal Writers

Member, Indiana Public Defender Council

District 1 Representative, Indiana State Bar Association Appellate Practice Section

Presenter/Speaking Engagements

Appellate advocacy (2013, 2018, 2019, 2021, 2022)

Post-conviction relief proceedings (2016, 2018)

Indiana sex and violent offender registry (2013, 2020)

Forensics (2012, 2014)

Human trafficking and vacatur statute (2019, 2020)

Parental rights termination (2012, 2013)

Oral Arguments

D.A.L. v. State of Indiana, Court of Appeals of Indiana, November 2010, and Jeremiah Mosley v. State of Indiana, Court of Appeals of Indiana, October 2014 – determined constitutionality of search of person’s home under the Fourth Amendment and Article 1, Section 11 of the Indiana Constitution.

Tyrus Coleman v. State of Indiana, Supreme Court of Indiana, May 2011 – considered the effect an acquittal had on one count on the retrial of the second count, and whether the retrial violated the Double Jeopardy Clause of the U.S. Constitution.

Lemmon v. Harris, Supreme Court of Indiana, June 2011 – analyzed constitutionality of application of serious violent predator designation by operation of law to offender who committed qualifying offense before creation of the designation.

Antoine Hill v. State of Indiana, Supreme Court of Indiana, January 2012 – announced appropriate standard for evaluating the performance of counsel in Indiana Post-Conviction Rule 2 (belated direct appeal) proceedings.

Rebecca Kays v. State of Indiana, Supreme Court of Indiana, March 2012, and Court of Appeals of Indiana, April 2011 – considered propriety of a restitution order for a person whose sole source of income was social security disability benefits.

T.A. v. State of Indiana, Court of Appeals of Indiana, November 2012 – held registrant was entitled to removal from sex offender registry because requirement to register violated the Ex Post Facto Clause of the Indiana Constitution.

S.H. v. State of Indiana, Supreme Court of Indiana, March 2013 – held when a prosecutor has not filed criminal charges or initiated a grand jury proceeding, she may not compel a person to testify where that person is the target of the criminal investigation and has asserted her right to remain silent.

Blake Layman v. State of Indiana, Supreme Court of Indiana, September 2015 – known as the “Elkhart 4,” Blake and his three friends were convicted of felony murder after a homeowner shot and killed one of their accomplices during a burglary. The Supreme Court reversed their felony murder convictions.

Marvin Beville v. State of Indiana, Supreme Court of Indiana, March 2017 – held that until State has carried its burden to establish application of the informer’s privilege, it is not entitled to withhold a video recording from the defendant.

Richard Shepard v. State of Indiana, Supreme Court of Indiana, October 2017 – prompted the D.O.C. to finally promulgate rules regarding the deprivation of earned good time credit in community corrections settings, instead of allowing program directors to create their own rules.

Destin Jones v. State of Indiana, Supreme Court of Indiana, December 2017 – held that abandonment is an available defense against attempt and conspiracy charges.

Trevor Morgan v. State of Indiana, Supreme Court of Indiana, February 2018 – amended statute delegating powers to community corrections program director was not unconstitutional.

R.R. v. State of Indiana, Supreme Court of Indiana, September 2018 – held that juvenile’s waiver of right to be present at delinquency factfinding hearing required a heightened showing.

J.W. v. State of Indiana, Supreme Court of Indiana, January 2019 – clarified the proper procedure for children in delinquency proceedings who wish to challenge the validity of their juvenile court admissions.

Steve Ferree v. State of Indiana, Court of Appeals of Indiana, May 2019 – held that person who claimed to be “with the Sheriff’s Office” can be convicted of impersonating a law enforcement officer.

A.M. v. State of Indiana, Supreme Court of Indiana, November 2019 – provided a new due process standard for reviewing performance of counsel at a juvenile disposition-modification hearing.

James McClernon v. State of Indiana, Court of Appeals of Indiana, December 2019 – interlocutory appeal rejecting registrant’s claim that Indiana’s offender registration statute was void for vagueness with respect to registering vehicles the offender “operates on a regular basis.”

Jordan Wadle v. State of Indiana, Supreme Court of Indiana, August 2020 – overruled Indiana double jeopardy jurisprudence for the last twenty years and enunciated a new standard.

Justin Yeary v. State of Indiana, Court of Appeals of Indiana, February 2022 - obtained a new trial for defendant charged under Indiana’s new drug-induced homicide statute.

In re. A.R., Supreme Court of Indiana, June 2023 - upheld juvenile delinquent’s requirement to to register.

Heidi Littlefield v. State of Indiana, Court of Appeals of Indiana, June 2023 - upheld murder and conspiracy to commit murder convictions from challenges of insufficient evidence, a double jeopardy violation, and an inappropriate sentence.