Loren Fry v. State of Indiana - 10/11/12

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Thursday  October 11, 2012 
9:45 AM  EST

9:45 a.m. 09S00-1205-CR-361. Appellant Loren Fry was charged with murder and requested bail. Article 1, Section 17 of the state constitution provides that murder is not a bailable offense “when the proof is evident, or the presumption strong.” Indiana Code section 35-38-8-2(b) states that the defendant has the burden of proof that he should be admitted to bail. Fry sought a declaratory judgment that the statute is unconstitutional because it removed the presumption that he was innocent and entitled to bail and put the burden of proof on him. The trial court ordered the State to first show that the proof was evident, and then Fry would have the burden to convince the court that he should be admitted to bail. The trial court concluded that to the extent the statute conflicted with this procedure, the statute violates the state constitution. The trial court denied bail. This case was docketed as a direct appeal.

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