Tailar Spells v. State of Indiana

Summary

The Indiana Supreme Court held that a cash-bail agreement permits a trial court to retain cash bail for the defendant's publicly paid representation costs, including the full supplemental public-defender fee, without another indigency determination. The agreement does not eliminate the ordinary indigency-hearing requirement for fines and most costs and fees, although a jury fee is not subject to that requirement. Because the trial court's inquiry did not adequately address Spells's assets, income, and necessary expenses, the court affirmed retention of the representation and jury fees, vacated the fine and other costs and fees, and remanded. No separate opinions were filed.