MUELLER v. STATE

No. 49A02-0503-CR-172.

837 N.E.2d 198 (2005)

Jamie MUELLER, Vicki Evans, Appellants-Defendants, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

November 16, 2005.


Attorney(s) appearing for the Case

Kathleen M. Sweeney, Indianapolis, for Appellants.

Steve Carter, Attorney General of Indiana, Ellen H. Meilaender, Deputy Attorney General, Indianapolis, for Appellee.


OPINION

BARNES, Judge.

Case Summary

Jamie Mueller and Vickie Evans appeal the trial court's refusal to require the Marion County Prosecutor ("the Prosecutor")1 to permit them to participate in a pretrial diversion program. We reverse and remand.

Issue

The dispositive issue before us is whether requiring payment of a fee as an absolute condition of participating in a pretrial diversion program violates...

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