Loren Hamilton Fry v. State of Indiana

In one fell swoop, today the Court overrules nearly 150 years of precedent and declares a 30-year-old statute unconstitutional. Because I am not prepared to go that far, I respectfully dissent.

First, the Court need not address the constitutional issue at all. Whatever may be said of the statutory burden of proof, the trial court in this case imposed upon the State the burden of establishing that *455Fry should be denied bail. And the trial court determined that the State carried its burden. The record supports the trial court’s judgment, which this Court correctly affirms. In my view that should…