”I am happy to have persuaded the State Supreme Court to make new law based upon constitutional research, but I am sad that Loren does not get to post some bail,” Brugh stated in a letter to the Pharos-Tribune.
The court also established new criteria prosecutors must meet when pursuing the denial of bail in murder cases. In the ruling, the justices spell out this criteria by what they write strikes a balance between two extremes — the “simple” murder charge itself and the “insurmountable burden” of providing evidence that is beyond a reasonable doubt.
”Like Goldilocks in the home of the three bears, we search for a formulation that is not too low, and not too high, but instead is just right,” the ruling states.
The justices strike this balance in the ruling with the words, “...[T]he State must show that the defendant ‘more likely than not’ committed the crime of murder [or treason].”