MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Sep 30 2020, 9:12 am court except for the purpose of establishing CLERK the defense of res judicata, collateral Indiana Supreme Court Court of Appeals estoppel, or the law of the case. and Tax Court ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Christopher M. Kunz Curtis T. Hill, Jr. Marion County Public Defender Agency Attorney General of Indiana Appellate Division Steven J. Hosler Indianapolis, Indiana Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA Farrah Dwyer, September 30, 2020 Appellant-Defendant, Court of Appeals Case No. 20A-CR-703 v. Appeal from the Marion Superior Court State of Indiana, The Honorable Sheila A. Carlisle, Appellee-Plaintiff. Judge The Honorable Stanley E. Kroh, Magistrate Trial Court Cause No. 49G03-2002-F1-5734 Bailey, Judge. Court of Appeals of Indiana | Memorandum Decision 20A-CR-703 | September 30, 2020 Page 1 of 10 Case Summary [1] Farrah Dwyer (“Dwyer”) appeals the trial court’s denial of her motion to lower the amount of her bail bond. The only issue she raises on appeal is whether that denial was an abuse of the court’s discretion. [2] We affirm. Facts and Procedural History [3] On February 10, 2020, the State charged Dwyer with one count of neglect of a dependent resulting in death, as a Level 1 felony.1 The information and probable cause affidavits alleged that, on May 18, 2019, Dwyer drove her SUV with her infant child in the third row of the vehicle to 1023 North Ewing Street. Dwyer’s child remained in the car while Dwyer spent several hours in 1023 North Ewing Street. Dwyer then went to pick up a friend and drove him to an Auto Zone at 3863 East Washington Street. Upon arriving, Dwyer checked on her child in the third row of the vehicle and found the child unresponsive. The child was transported to Riley Hospital where she was pronounced deceased and recorded as having a temperature of 105 degrees. [4] The State did not charge Dwyer until February 10, 2020, at which time a warrant was issued for Dwyer’s arrest and bail bond was set at $100,000 surety. 1 Ind. Code § 35-46-1-4(a)(1), (b)(3). Court of Appeals of Indiana | Memorandum Decision 20A-CR-703 | September 30, 2020 Page 2 of 10 On February 14, Dwyer was arrested and appeared at an initial hearing. Dwyer testified that she earned only $540.002 per week from employment and could not afford to pay the $100,000 bond. Dwyer was appointed counsel and subsequently requested that the court issue an order reducing her bail bond or setting the matter for a hearing. [5] On March 6, 2020, the trial court held a hearing on Dwyer’s motion to reduce the bail bond. At the hearing, Dwyer testified that she is thirty-one years old and has four children, three of whom live with their father; the fourth child was placed with the Indiana Department of Child Services (“DCS”). Dwyer ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals