Dennis Garner v. Gregory Stewart Kempf and Vanderburgh County Clerk

I respectfully dissent from the majority’s opinion. Bail is a right guaranteed under Article 1 § 17 of Indiana’s Constitution. It is a cherished and traditional right. Fry v. State, 990 N.E.2d 429 (Ind. 2013). Appearing under Indiana Code §§ 35-33-8-0.1 through 35-33-8-11, bail bonds are regulated by statute. A “bail bond” is defined as “a bond executed by a person who has been arrested for the commission of an offense, for the purpose of ensuring (1) the person’s appearance at the appropriate legal proceeding; (2) another person’s physical safety; or (3) the safety of the community.” Ind.…