Fry v. State

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After Defendant was charged with murder, he filed a motion seeking bail. At the same time, Defendant filed a motion seeking a declaration that Ind. Code 35-33-8-2(b), which assigns to a defendant charged with murder the burden of showing he is entitled to bail, is unconstitutional. The trial court denied Defendant bail. The Supreme Court declared the statute unconstitutional but nevertheless affirmed, holding (1) when a defendant charged with murder seeks bail, the burden must be placed on the State to prove by a preponderance of the evidence that the defendant should be denied bail; but (2) under the circumstances presented in this case, the trial court did not err in denying Defendant bail. View "Fry v. State" on Justia Law