Mueller v. State

Appeal of trial court’s decision denying defendants’ participation in a trial diversion program. The two appellants were offered participation in a pretrial diversion program if they paid $230 in fees. Appellants were unable to pay, and the prosecution sought to remove them from the program. They filed a complaint alleging removal from the program because of their inability to pay the fees is a violation of the Fourteenth Amendment of the Constitution.


Payment of a fee as an absolute condition of participation in the program discriminates against indigent appellants and violates the Fourteenth Amendment. There is no rational relationship between a defendant’s guilt or innocence and his inability to pay fees.

You can read the text of the decision here. 

Fourteenth Amendment Equal Protection Clause
837 N.E.2d 198 (Ind. Ct. App. 2005)
November 2005
Kathleen M. Sweeney