Legal Opinion · Dissent

Steiner v. State

Indiana Court of Appeals

Decided March 7, 2002No. 47A05-0103-CR-123Published

1DissentBarnes, Judge

rate opinion.

I respectfully disagree with the majority's conclusion.

Indiana Code Section 35-33-8-8.2(a) is the bond statute for our state. It provides, in relevant part, that the court may "impose any other reasonable restrictions designed to assure the defendant's presence in Court. . .." The majority maintains that in this specific case with this defendant, the requirement that she submit to and pay for drug testing was made without a finding of a "individualized determination" that such testing was statutorily allowable.

The cultural phenomenon of illicit drug use in our society is well…

2Cases cited1 opinion

  1. Tinsley v. StateIndiana Court of Appeals · 1986

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