COA orders judge grant motion for bail bond reduction

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Even though the severity of the 13 charges against a Knox County man for his role in several home invasions supports setting his bond at $25,000 cash only, the Indiana Court of Appeals concluded that the trial court should have allowed him to post a percentage of that to bond out.

Tommi Emerson Winn was arrested and charged with 13 counts of burglary. He and two other men broke into homes, stole jewelry and pawned some of it. They also converted stolen change into bills at a Wal-Mart. The trial court set his bond at $25,000 cash and denied Winn’s motion to reduce so he could post 10 percent of that to secure his release from jail.

Winn argued – and others testified in support – that he was not a flight risk, lived in Knox County most of his life, and had not failed to appear for a court appearance.

When setting the amount of bond under Indiana Code 35-33-8-4(b), subsection 7, the nature and gravity of the offense and potential penalty faced, is enough to warrant a refusal to reduce the amount of bail, the Court of Appeals pointed out. However, the other nine subsections, including family ties and relationships and source of funds or property to be used to post bail, weigh in Winn’s favor.

The record shows that Winn could not post the entire $25,000 in cash, so by denying his motion, the trial judge condemned him to jail pending trial without articulating why, Senior Judge Carr Darden wrote in Tommi Emerson Winn v. State of Indiana, 42A04-1201-CR-49. The judge used the words “cash only” but didn’t give his reasoning for the limitation.

Darden and Judge Ezra Friedlander ordered the trial judge to grant Winn’s motion. Judge Elaine Brown concurred in result, noting that the judge should also consider the use of real estate or posting a real estate bond, as allowed under I.C. 35-33-8-3.2.



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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...