Tommi Emerson Winn v. State of Indiana
2012 Ind. App. LEXIS 431
Ind. Ct. App.2012Background
- Winn appeals denial of a motion to reduce bond.
- Bail was set at $25,000 cash; Winn sought to post 10% ($2,500).
- Winn presented evidence of community ties and lack of prior felonies.
- Court denied reduction citing 13 separate victims and severity of charges.
- Statutes authorize 10% cash or other bail mechanisms; on appeal court remands for consideration of alternative bail forms.
- Opinion notes the trial court used only cash-only language without articulated reasoning.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court abuse discretion by denying bond reduction? | Winn argues factors support reduction. | State argues factors support maintaining $25,000 cash bond due to victims. | Yes; reversal and remand for 10% bond or other bail form. |
Key Cases Cited
- Sneed v. State, 946 N.E.2d 1255 (Ind.Ct.App.2011) (abuse of discretion standard for reducing bail; consider factors under Ind. Code § 35-33-8-4(b))
- State ex rel. Peak v. Marion Criminal Court Div. One, 203 N.E.2d 301 (Ind.1965) (final judgment appealable as of right for denial of bond reduction)
- Perry v. State, 541 N.E.2d 913 (Ind.1989) (setting bail reviewed for abuse of discretion)