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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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