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Man waited too long to ask for return of cash bond

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Although the trial court was not statutorily authorized to retain a man’s cash bond in 2005, the Indiana Court of Appeals affirmed the denial of his motion to release the bond because he waived his argument.

Thomas Dillman was charged with three drunken-driving offenses and paid a $700 cash bond to be released from jail in September 2005. He pleaded guilty to one count two months later, and the trial court said Dillman would pay costs and fees out of the cash bond. Dillman never appealed that order. Then, in 2011, the trial court released the remainder of the cash bond for probation fees. Dillman also did not appeal this order.

In April 2013, he filed a motion to release the bond, which the trial court denied the same day.

The state conceded that the trial court did not have statutory authority to retain the bond to pay for court costs, but it argued that Dillman waived his claim when he failed to appeal the court’s orders. Dillman countered that the orders constituted an illegal sentence, which is a fundamental error he can raise at any time.

The Court of Appeals found Dillman should have filed a motion to correct error or notice of appeal within 30 days of the November 2005 order. He waited nearly eight years to dispute the release of his bond for court costs.

Dillman can’t bypass the waiver issue by arguing fundamental error because the error did not constitute an illegal sentence nor was it a fundamental error, Judge Rudolph Pyle III wrote in Thomas D. Dillman v. State of Indiana, 53A05-1306-CR-274.  

“Although the trial court made its statement regarding costs and fees at sentencing, the trial court’s order requiring Dillman to pay his costs and fees was not part of his sentence. In 2005, when Dillman was sentenced, INDIANA CODE§ 33-37-2-2(a) provided: “[c]osts in a criminal action are not a part of the sentence and may not be suspended.” In turn, “fees” . . . “are costs.” I.C. § 33-37-2-5 (2005). Therefore, the trial court’s order regarding Dillman’s costs and fees was not a part of his sentence, and his sentence was not illegal,” he wrote.

“Although the trial court should not have retained Dillman’s cash bond, it released the money to pay for Dillman’s costs and fees, which Dillman was required to pay regardless.”

 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

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  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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