FRY v. STATE

No. 09S00-1205-CR-361.

990 N.E.2d 429 (2013)

Loren Hamilton FRY, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 25, 2013.


Attorney(s) appearing for the Case

Jim Brugh , Logansport, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Ellen H. Meilaender , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


On Direct Appeal Pursuant to Indiana Appellate Rule 4(A)

DAVID, Justice.

The Indiana Constitution provides a qualified right to bail, exempting murder and treason from that right when "the proof is evident, or the presumption strong." For nearly 150 years, every time we have addressed the issue in the context of a murder charge, this Court has held that the defendant must carry the burden of demonstrating that the proof is not evident and the presumption...

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