Dewees v. State
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The Supreme Court affirmed the trial court's order denying Petitioner's motion for bond reduction or conditional pretrial release, holding that the General Assembly's recent codification of Criminal Rule 26 and the adoption of evidence-based practices in the administration of bail enhances, rather than restricts, the discretion entrusted to trial courts when executing bail.
Petitioner was charged with the level-two felony offense of aiding, inducing, or causing burglary with a deadly weapon. The trial court set Petitioner's bond at $50,000 cash-only. After she was found eligible for home detention, Petitioner filed a motion for a bond reduction or conditional pretrial release. The court of appeals denied the motion. The Supreme Court affirmed, holding (1) trial courts should consider any factor relevant to the detainee's risk of nonappearance and potential danger to the community, and Indiana's recent bail reforms enhance the courts' discretion; and (2) clear and convincing evidence supported the trial court's bail determination.
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