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Tuesday, November 26, 2013

Ind. Decisions - "Defendant in murder trial seeks bond under new high court ruling"

The Indiana Supreme Court's June 25th opinion in the case of Loren Hamilton Fry v. State of Indiana, which the ILB described as "a 39-page, 3-2 'fractured' set of 4 separate opinions", is the focus of a confusing story today in the NWI Times, reported by Stan Maddux. Here is how the story begins:

LAPORTE | Defense attorneys for a man accused of killing a LaPorte girl in 1993 is using a recent decision by the Indiana Supreme Court to argue for bond to be set for their client.

Jason Tibbs, 38, remains in LaPorte County Jail without bond after LaPorte Circuit Court Judge Tom Alevizos in October denied a request by the defense to establish bail.

In denying the request, Alevizos ruled murder defendants at least in his courtroom traditionally have been ordered held without bond, an option provided under Indiana law.

On Friday, Tibbs' attorneys filed a motion claiming Tibbs is entitled to a hearing on his request for bail and to be denied bond according to the Supreme Court's recent decision the prosecution now must prove its criminal case against him by a "preponderance of the evidence."

Posted by Marcia Oddi on November 26, 2013 09:31 AM
Posted to Ind. Sup.Ct. Decisions