110 results for 'cat:"Bail"'.
J. Che finds that the lower court properly issued a no-bail bench warrant against defendant for not appearing at a pretrial hearing, a warrant that eventually led to defendant's arrest. Defendant challenges the legality of the no-bail portion of the warrant, and under the law, a no-bail bench warrant is legal as long as a subsequent bail determination is held within 48 hours of defendant's arrest. Because that hearing did take place within the allotted time, defendant's due process rights were not violated. Affirmed.
Court: Washington Court Of Appeals, Judge: Che, Filed On: March 12, 2024, Case #: 57332-6-II, Categories: bail, Due Process
J. Nakasone finds the circuit court improperly set $3.3 million cash bail for defendant, who is charged with murder and other violent crimes. The court was right to deny defendant supervised release based on prior convictions and likely flight risk, but should not have set bail so high. The court should have conducted a financial circumstances analysis when setting bail for defendant, who is unemployed and relies on fixed income. Vacated in part.
Court: Hawai'i Court Of Appeals, Judge: Nakasone, Filed On: March 6, 2024, Case #: CAAP-23-444, Categories: Murder, bail
J. Van Tine finds that the lower court properly granted the state's petition to deny defendant pretrial release on charges of being an armed habitual criminal and reckless discharge of a weapon after firing a revolver at people at a gas station. The court reasonably found that defendant's conduct shows he poses a threat to the community and that even electronic monitoring would mitigate that threat. Affirmed.
Court: Illinois Appellate Court, Judge: Van Tine, Filed On: March 1, 2024, Case #: 232453, Categories: Firearms, bail
J. Zenoff finds that the lower court improperly granted the state's petition to revoke defendant's pretrial release conditions based on his arrest for meth possession. The state's petition to revoke defendant's probation did not allege that defendant committed a new criminal offense, so defendant was entitled to pretrial release pending the hearing on this petition. Vacated.
Court: Illinois Appellate Court, Judge: Zenoff, Filed On: February 28, 2024, Case #: 231524, Categories: Drug Offender, bail
J. Brennan finds that the lower court improperly granted the state's untimely petition to deny defendant pretrial release on drug charges. The state's petition was due 21 days after defendant's arrest, but it was not filed until 51 days later. Vacated.
Court: Illinois Appellate Court, Judge: Brennan, Filed On: February 26, 2024, Case #: 230728, Categories: Drug Offender, bail
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Per curiam, the Vermont Supreme Court finds the criminal division properly released defendant on bail and conditions of release pending trial for accessory after the fact. A defendant cannot be held without bail, even if the state proves that the felonious conduct involved violence against another victim. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 26, 2024, Case #: 24-AP-041, Categories: bail
J. Mullen finds that the lower court improperly denied the defendant's motion for pretrial release after being charged with a probation violation for unlawful use of a weapon. The alleged violation is not a detainable offense, so he is entitled to pretrial release pending his hearing on the state's petition to revoke his probation. Reversed.
Court: Illinois Appellate Court, Judge: Mullen, Filed On: February 22, 2024, Case #: 230512, Categories: Probation, bail, Weapons
J. Garcia finds that the appellate division improperly denied defendant habeas relief after he committed additional violent felonies while out on bail awaiting trial. Such defendants can be remanded if considered a flight risk or if viewed as a danger to the community at large, but since defendant fell into the latter category, a hearing should have been held to submit witness testimony, evidence, or grand jury transcripts. Reversed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: February 20, 2024, Case #: 04, Categories: Habeas, bail, Due Process
J. Hutchinson finds that the lower court properly revoked defendant's pretrial release on charges of attempted aggravated assault. Defendant was released on the condition he not commit any additional offenses, and was charged with an additional violent offense for punching a minor only 12 days later. Affirmed.
Court: Illinois Appellate Court, Judge: Hutchinson, Filed On: February 15, 2024, Case #: 230504, Categories: Assault, bail
J. Lampkin finds that the lower court properly denied defendant pretrial release on charges of armed violence and unlawful use of a weapon by a felon. There is strong evidence supporting the state's case that defendant threatened his landlord with a gun while in possession of crack cocaine. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: February 8, 2024, Case #: 232336, Categories: Firearms, bail
J. Jorgensen finds that the lower court properly granted the state's motion to deny defendant pretrial release on charges of home invasion and domestic battery. The evidence supports a finding that defendant committed an offense that qualified the state to request his detention as he forcibly entered his wife's relative's home demanding to see his children and injured a relative who tried to eject him. Affirmed.
Court: Illinois Appellate Court, Judge: Jorgensen, Filed On: February 7, 2024, Case #: 230475, Categories: bail, Domestic Violence
J. Cobbs finds that the lower court properly granted the state's motion to deny defendant pretrial release on the charge of unlawful use of a weapon by a felon. Defendant is a four-time convicted felon and the state reasonably argues that his violent past coupled with his possession of a gun with a live round in the chamber and resisting arrest makes him a danger to the public. Affirmed.
Court: Illinois Appellate Court, Judge: Cobbs, Filed On: February 2, 2024, Case #: 232164, Categories: bail
Per curiam, the appellate division finds that the trial court improperly convicted defendant of second-degree bail jumping because a prospective juror expressed indecisiveness and made comments indicating she could not render an impartial verdict, while the prosecutor failed to timely disclose three transcripts and turn over certain case notes. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 2, 2024, Case #: KA 22-01228, Categories: Jury, bail, Discovery
J. Ocasio finds that the lower court properly granted the state's motion to deny defendant pre-trial release on charges of aggravated battery with a firearm, to which the state later added charges of attempted murder. Defendant never posted bail when he was originally charged with just the weapons count, and is not eligible for pre-trial release under the new charges. Affirmed.
Court: Illinois Appellate Court, Judge: Ocasio, Filed On: February 1, 2024, Case #: 232163, Categories: Criminal Procedure, bail
J. Wright finds the trial court properly convicted defendant for money laundering following a traffic stop, during which the officer observed marijuana residue in defendant's vehicle and found drugs and $93,000 in cash. The trial court denied defendant's motion to set bail pending the resolution of his appeal. Because of the nature of the offense, and defendant's arrests before and after his arrest here, the trial court reasonably found he would likely commit another offense and properly denied bail. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: January 31, 2024, Case #: 09-23-00115-CR, Categories: Drug Offender, bail, Money Laundering
J. Goff finds that the trial court failed to fully determine defendant's ability to pay a fine and court costs. Indiana law allows courts to retain cash bail to cover certain court costs, but besides public defender and jury fees, the court must make a proper determination as to a defendant's ability to pay other court costs. Reversed in part.
Court: Indiana Supreme Court, Judge: Goff, Filed On: January 30, 2024, Case #: 23S-CR-232, Categories: Criminal Procedure, bail
J. McBride finds that the lower court properly granted the state's motion to deny defendant bail on charges of aggravated vehicular hijacking. The court is entitled to deference on its finding that there was "extraordinarily strong proof" defendant committed the offense, including fingerprint evidence, and that her violent behavior posed a danger to the community at large. Affirmed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: January 29, 2024, Case #: 232009, Categories: bail
J. Moore finds that the lower court improperly granted the state's request to deny defendant pretrial release based on charges of intent to distribute meth. The state's motion to deny bail was untimely, and that error affected defendant's substantial rights. Vacated.
Court: Illinois Appellate Court, Judge: Moore, Filed On: January 25, 2024, Case #: 231051, Categories: Drug Offender, bail
J. Mullen finds that the lower court properly granted the state's motion to deny defendant pre-trial release based on his arrest for domestic violence. The allegations claim that defendant entered his girlfriend's house and strangled her in front of the children before locking her out and refusing to open the door for the police. The court reasonably decided that keeping defendant in jail was the only way of keeping the victim and her children safe. Affirmed.
Court: Illinois Appellate Court, Judge: Mullen, Filed On: January 25, 2024, Case #: 230463, Categories: bail, Domestic Violence
J. Hull finds that the trial court properly consolidated three cases against defendant that each included the possession of methamphetamine with intent to sell. Uncharged act drug and firearm evidence found during a search was within the trial court's discretion to admit. However, it was error to impose more than one enhancement for an offense defendant committed while on bail. Reversed in part.
Court: California Courts Of Appeal, Judge: Hull, Filed On: January 22, 2024, Case #: C096740, Categories: Drug Offender, Sentencing, bail
J. Hettel finds that the lower court properly granted the state's petition to deny defendant pretrial release on aggravated robbery charges. While the court did not make specific written findings, it checked boxes next to the factors which it found to be present in the base including defendant's prior criminal violent history, and the nature of the offense. Affirmed.
Court: Illinois Appellate Court, Judge: Hettel, Filed On: January 18, 2024, Case #: 230543, Categories: Robbery, bail
J. Peterson finds that the lower court properly denied defendant's motion for pretrial release on charges of threatening a public official. The evidence establishes that defendant was continuously aggressive with officers, repeatedly threatened to kill a female officer, and threatened to bring a pipe bomb to the police station. He was also on probation for aggravated assault of a peace officer at the time. Affirmed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: January 16, 2024, Case #: 230568, Categories: bail, Threats
J. Petty dismisses the Russian citizen's appeal of the immigration judge's denial of his request for custody redetermination. The former Soviet and current Russian citizen was released on bail from charges of money laundering and running a prostitution ring. He says his release precludes the immigration judge from determining a flight risk involving immigration custody. A respondent’s release from federal pretrial criminal custody does not preclude an immigration judge from denying release from immigration detention. The judge must determine whether he has merited release on bond under the provisions of the Immigration and Nationality Act.
Court: Board of Immigration Appeals, Judge: Petty, Filed On: January 11, 2024, Case #: 4070, Categories: Immigration, bail, Money Laundering
J. Moore finds that the lower court properly denied defendant's request for pretrial release based on his charge of aggravated discharge of a firearm. Defendant, a felon, allegedly was the target of gunshots, then went home, got a gun, returned to the scene, and fired back when he was shot at again. Given the planning that went into defendant's actions, the state has a strong case that defendant poses a real and present threat to the safety of the community. Affirmed.
Court: Illinois Appellate Court, Judge: Moore, Filed On: January 5, 2024, Case #: 231002, Categories: Firearms, Assault, bail
J. Davenport finds that the lower court improperly granted the state's petition to revoke defendant's pretrial release. Defendant never relinquished his right to an in-person hearing, nor did the court find that an in-person hearing would endanger the physical health of any participant. Reversed.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: December 28, 2023, Case #: 230491, Categories: Criminal Procedure, bail
J. Vaughan finds that the lower court properly granted the state's petition to deny defendant pretrial release after he was charged with home invasion. Defendant has a history of not appearing for court dates, tried to dig out of his cell at the county jail, and asked his girlfriend to research locations that will not extradite him. Further, he remains a threat to the people whose home he entered with a firearm threatening to kill someone. Affirmed.
Court: Illinois Appellate Court, Judge: Vaughan, Filed On: December 21, 2023, Case #: 230970, Categories: Assault, bail
J. Boie finds that the lower court properly granted the state's petition to deny defendant pretrial release based on his charged offense of armed violence. Defendant's selling of crack cocaine posed a danger to others in the community who may purchase and use those dangerous drugs, and poses a risk to others due to the inherent violent present in the drug trade. Affirmed.
Court: Illinois Appellate Court, Judge: Boie, Filed On: December 21, 2023, Case #: 230714, Categories: Drug Offender, Firearms, bail