Samm, Jr. v. State, 46A03-0804-CR-143
3rd Dist., 09-22-08, Ind.App. 893/761
Defense Attorney: Donald W. Pagos
Holding: Although trial court abused its discretion in failing to acknowledge uncontroverted evidence of several of the statutory factors in setting bond, Defendant’s $100,000 cash only bond was not excessive. In addition to considering the seriousness of charges, when setting bond, a trial court should also consider: the length and character of the defendant’s residence in the community; the defendant’s employment status and history; the defendant’s family ties and relationship; the defendant’s criminal record; and the defendant’s previous record in not responding to court appearances. I.C. 35-33-8-4.
Here, Defendant presented uncontroverted testimony that: he was 45-years old and had resided in the county his entire life; he was currently receiving only disability income; he had lived with his mother who also lived in the community; he had submitted to authorities when previously convicted; and he had cooperated with the police prior to arrest by performing controlled buys. In issuing the $100,000 cash bond, trial court relied primarily upon the number of charges that Defendant was facing to determine the amount of bond. Although it is possible that trial court considered all factors, including those based on Defendant’s evidence, without statements on the record the appellate court cannot assume that it did so. Although trial court abused its discretion by failing to acknowledge uncontroverted evidence of several of the factors listed I.C. 35-33-8-4, the $100,000 cash only bond for multiple dealing charges, including a Class A felony, was not excessive. Held, judgment affirmed and remanded; Baker, C.J., dissenting on basis that the majority should not have decided this case under an exception to the mootness doctrine, and rather the case should have been dismissed because it was moot when Defendant eventually was released on a $5,000 surety bond.
Is there any way to highlight and add a link to the actual cases from the public website of the judicial opinions of the Indiana Appellate Courts?
That should not be hard to add.