110 results for 'cat:"Bail"'.
J. Hodge finds the superior court partially erred in granting defendant's motion for bail modification with an order that lowered his bail from $1 million to $250,000 for offenses related to his alleged rape of a minor. The superior court, without being asked, improperly relied on allegations of defendant's violent and threatening nature in his court-appointed attorneys' motions to withdraw without giving defendant a right to be heard, so the bail modification order is reversed on that basis and the matter is remanded for defendant to have an opportunity to be heard. Defendant's motion for transfer to a different detention facility is dismissed for lack of jurisdiction. Reversed in part.
Court: Virgin Islands Supreme Court, Judge: Hodge, Filed On: December 19, 2023, Case #: 2023 VI 16, Categories: Sex Offender, bail
J. Lampkin finds that the lower court erred in denying defendant pretrial release on his charge of aggravated battery/discharge of a firearm. Defendant has no criminal record and believed his wife, who was divorcing him, had left the house when he discharged the gun. While his behavior was dangerous, even defendants accused of violent offenses are presumed eligible for pretrial release. Reversed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: December 18, 2023, Case #: 231753, Categories: Firearms, bail
J. Van Tine finds that the lower court properly granted the state's petition for pretrial detention. The state sufficiently showed that defendant poses a real and present threat to the safety of the community given that his prior convictions, although more than seven years old, are both violent crimes. Affirmed.
Court: Illinois Appellate Court, Judge: Van Tine, Filed On: December 18, 2023, Case #: 231856, Categories: Firearms, bail
J. Cates finds that the lower court properly found defendant's continued pretrial detention necessary under the Safety, Accountability, Fairness and Equity Today Act. Defendant was charged with sexual assault, and the court reasonably found he poses a real and present threat to the victim, other minors, and the community. Affirmed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: December 8, 2023, Case #: 230881, Categories: Sex Offender, bail
J. Ellis finds that the lower court improperly denied defendant's request for pretrial release after she was charged with her fourth DUI. The court must at least consider the option of SCRAM (Secure Continuous Remote Alcohol Monitor) monitoring in the mix of possible pretrial release conditions before finding defendant too dangerous to release. Vacated.
Court: Illinois Appellate Court, Judge: Ellis, Filed On: December 8, 2023, Case #: 231801B, Categories: bail, Dui
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J. Mitchell finds that the lower court properly denied defendant's request for pretrial release. While the bail reform measure of the Pretrial Fairness Act apply to defendant, the state showed the defendant poses a real and present real to the safety of community due to police having found him in possession of a bomb made of commercial grade fireworks. Affirmed.
Court: Illinois Appellate Court, Judge: Mitchell, Filed On: December 7, 2023, Case #: 231807B, Categories: bail
Per curiam, the Vermont Supreme Court finds the trial court properly held the inmate without bond after he allegedly sexually assaulted two minor children. The relevant factors were properly weighed in determining that he was a “flight risk” and holding him without bond was necessary for public protection. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: December 1, 2023, Case #: 23-AP-374, Categories: Sex Offender, bail, Child Victims
Per curiam, the Vermont Supreme Court finds that the trial court properly denied bail after inmate was charged with two counts of aggravated domestic assault. The inmate is a habitual offender and faces a possible life sentence. The relevant factors were properly weighed in determining that he was a “flight risk” and holding him without bond was necessary for public protection. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: December 1, 2023, Case #: 23-AP-364, Categories: Assault, bail
J. McHaney finds that the lower court improperly re-imposed monetary bail as a condition of defendant's pretrial release. The only way monetary bail could remain a condition of defendant's pretrial release was if defendant chose to stand on the terms of his original bond, which was set before the effective date of the Safety, Accountability, Fairness and Equity-Today Act. Reversed.
Court: Illinois Appellate Court, Judge: McHaney, Filed On: November 21, 2023, Case #: 230723, Categories: bail
J. Horton finds that the lower court properly denied in part defendant's motion to set aside the forfeiture of a cash bail based on allegations of "new criminal conduct." The lower court set aside the portion that the wife had contributed, and it was "within its discretion" in otherwise denying defendant's request for relief. Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: November 21, 2023, Case #: 2023ME72, Categories: Forfeiture, bail
J. Richardson finds the lower court improperly denied the detainee's motion for a preliminary injunction, releasing them and others in a similar circumstance without stated cause. The detainees contend that the pretrial services’ pretrial-release program violates due process by detaining someone after a judge has determined that there are possible conditions under which that person can be released. The court denied the motion without providing reasons. Federal law requires that when granting or refusing a preliminary injunction, a court state the findings of fact and conclusions of law that support its action. Vacated.
Court: 4th Circuit, Judge: Richardson, Filed On: November 15, 2023, Case #: 23-6359, Categories: bail, Due Process, Class Action
J. Cates finds that the lower court improperly granted the state's petition to deny defendant's pretrial release on bail. Defendant was arrested and detained before the effective date of the Safety, Accountability, Fairness and Equity-Today Act, so the state's petition was untimely. Reversed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: November 13, 2023, Case #: 230698, Categories: Criminal Procedure, bail
J. Moore finds that the lower court improperly granted the state's petition to deny defendant pretrial release. Defendant was arrested and detained prior to the effective date of the Safety, Accountability, Fairness and Equity-Today Act, and the state's petition to detain was therefore untimely. Reversed.
Court: Illinois Appellate Court, Judge: Moore, Filed On: November 9, 2023, Case #: 230724, Categories: Criminal Procedure, bail
J. Virden finds the circuit court properly revoked defendant’s probation and suspended imposition of sentence for his guilty plea conviction for domestic battery. Defendant failed to pay fines, costs and fees, nor did he meet with his probation officer according to the terms of his probation. He also committed the new offense of domestic battery. All evidence supports the revocation. Defendant’s arrest and incarceration for the new offense were not related to revocation proceedings and his time in jail could not have been due to his inability to make bail in the revocation proceedings. The court correctly ruled that no jail-time credit is warranted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: November 8, 2023, Case #: CR-23-122, Categories: Probation, bail, Battery
J. Luthy finds that the trial court properly revoked defendant's pretrial release, and it properly refused to grant a continuance based on his failure to present evidence contesting the revocation. A medical report that he was exaggerating a health condition and that he was malingering in order to avoid trial indicated he had become a flight risk. Affirmed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: November 2, 2023, Case #: 20230534-CA, Categories: Sex Offender, bail
J. Forbes finds the trial court properly convicted the individual for aggravated murder, murder and felonious assault with all counts with carrying a firearm. “It is ordered that a special mandate issue out of this court directing the common pleas court to carry this judgment into execution.” All bail pending appeal is terminated. Affirmed.
Court: Ohio Court Of Appeals, Judge: Forbes, Filed On: October 19, 2023, Case #: 2023-Ohio-3790, Categories: Firearms, Murder, bail
Per curiam, the Seventh Circuit finds that the lower court properly terminated defendant's pre-trial release and order him jailed pending trial based on defendant's three attempted suicides. The mere existence of a risk of suicide does not provide grounds to detain a defendant under the Bail Reform Act. However, other evidence shows that defendant continued to stalk his ex-girlfriend, and his suicide threats created an additional risk of unpredictable violence. Affirmed.
Court: 7th Circuit, Judge: Per curiam, Filed On: October 17, 2023, Case #: 23-2615, Categories: bail, Domestic Violence
J. Carroll finds the trial court improperly imposed defendant’s bail and no-contact conditions regarding his life partner. The bail amount exceeded the maximum allowed amount for a misdemeanor offense. As for the no-contact order, “the court failed to consider, on the basis of available information, defendant’s family ties, employment, character and mental condition, and length of residence in the community in determining whether to impose the no-contact provision specifically.” Reversed.
Court: Vermont Supreme Court, Judge: Carroll, Filed On: October 4, 2023, Case #: 23-AP-301, Categories: Sentencing, bail
J. Badding finds that the state properly revoked bond after defendant pleaded guilty to intimidation with a dangerous weapon because defendant had been using controlled substances and participating in criminal activity while out on bond. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: September 27, 2023, Case #: 23-0229, Categories: bail, Weapons
J. Eaton finds that the trial court improperly imposed a release condition on defendant, who was charged with false pretenses and violating conditions of release on prior charges. He was ordered to attend court and engage in drug rehabilitation treatment. The court did not prove that was a reasonable measure to protect the public or mitigate a flight risk. Reversed.
Court: Vermont Supreme Court, Judge: Eaton, Filed On: September 26, 2023, Case #: 23-AP-288, Categories: Drug Offender, Sentencing, bail
Per curiam, the court of criminal appeals grants this petition for a writ of habeas corpus, in which the petitioner seeks the reinstatement of his $50,000 bail. The pre-trial detention hearing was reopened without the state moving for its reopening.
Court: Alabama Court of Criminal Appeals, Judge: Per curiam, Filed On: September 22, 2023, Case #: CR-2023-0325, Categories: Criminal Procedure, Habeas, bail
J. Pearce finds that the district court did not err in holding that the state constitution gave it the discretion to grant defendant bail even though he was charged with a felony while on probation. The constitution guarantees bail to all those charged with a crime except for individuals in three circumstances, including defendant's. Because he is a double felony defendant he is not guaranteed the right to post bail. But the voters who passed a 1988 constitutional amendment changing the bail provision understood that judges would maintain discretion to grant bail to double felony defendants. Affirmed.
Court: Utah Supreme Court, Judge: Pearce, Filed On: September 21, 2023, Case #: 20220636, Categories: Constitution, bail
J. Worthen finds the trial court improperly denied defendant's pretrial application for writ of habeas corpus seeking a bond reduction on his charge for aggravated assault with a deadly weapon. The 17-year-old high school student was accompanied by his mother when he turned himself in and his bond was set at $500,000. The court abused its discretion by denying the request for bail reduction. The amount is unsupported by the evidence. Reversed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: September 20, 2023, Case #: 12-23-00159-CR, Categories: Assault, bail
[Consolidated] J. Gill finds the circuit court improperly denied defendant's motions to dismiss 17 felony bail jumping charges he faced in his consolidated cases across at least three counties. In part because defendant's alleged bail jumping offenses were committed after he had been released from jail and re-arrested on a bench warrant but before he had returned to court, he no longer technically qualified as "having been released from custody" under Wisconsin's bail statutes, as a bench warrant being issued is among the types of court actions establishing that a defendant is no longer "released from custody." The circuit court's non-final orders are overturned and the case is remanded to dismiss the 17 bail jumping counts. Reversed.
Court: Wisconsin Court of Appeals, Judge: Gill, Filed On: September 19, 2023, Case #: 2022AP000658-CR, Categories: Criminal Procedure, bail, Obstruction
J. Christiansen Forster finds that the trial court properly denied defendant bail. Substantial evidence supported his felony drug charge for fentanyl distribution, he is likely to continue selling fentanyl, which poses a danger to the community due to its deadliness, and he is a flight risk. Affirmed.
Court: Utah Court Of Appeals, Judge: Christiansen Forster, Filed On: August 31, 2023, Case #: 20230303-CA, Categories: Drug Offender, bail
J. Traynor finds that defendant was properly denied bail following his second arrest for dealing drugs, this time while possessing a loaded firearm, because the bail statute meets substantive due process requirements by "advancing the State's compelling interests in protecting community safety and reducing risk flight." Defendant's guilty plea mooted his appeal, but the issue concerns a matter of public importance. In setting unaffordable cash bail for pretrial detention, the state must present clear and convincing evidence of defendant's flight risk or danger to the community. Affirmed.
Court: Delaware Supreme Court, Judge: Traynor, Filed On: August 30, 2023, Case #: 144, 2022, Categories: Drug Offender, Firearms, bail