Free Supreme Court of California case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser. | | Supreme Court of California March 26, 2021 |
|
|
Table of Contents | In re Humphrey Civil Rights, Constitutional Law, Criminal Law |
Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | |
Supreme Court of California Opinions | In re Humphrey | Docket: S247278 Opinion Date: March 25, 2021 Judge: Cuellar Areas of Law: Civil Rights, Constitutional Law, Criminal Law | The Supreme Court affirmed the judgment of the court of appeal concluding that Petitioner was entitled to a new bail hearing, holding that the common practice of conditioning freedom solely on whether an arrestee can afford bail is unconstitutional. The trial court set Petitioner's bail at $350,000 without commenting on Petitioner's inability to afford bail. Petitioner filed a petition for writ of habeas corpus claiming that requiring money bail as a condition of release at an amount he could not pay was the functional equivalent of a pretrial detention order and requesting immediate release or a new bail hearing. The court of appeals reversed the bail order because the trial court failed to determine whether Petitioner could feasibly post bail. On remand, the superior court conducted a new bail hearing and ordered Petitioner released on various non-financial conditions. The Supreme Court affirmed, holding (1) where a financial condition is necessary, the court must consider the arrestee's ability to pay the stated amount of bail and may not detain the arrestee solely because the arrestee lacked the resources to post bail; and (2) Petitioner was entitled to a new bail hearing. | |
|
About Justia Opinion Summaries | Justia Daily Opinion Summaries is a free service, with 68 different newsletters, covering every federal appellate court and the highest courts of all US states. | Justia also provides weekly practice area newsletters in 63 different practice areas. | All daily and weekly Justia newsletters are free. Subscribe or modify your newsletter subscription preferences at daily.justia.com. | You may freely redistribute this email in whole. | About Justia | Justia is an online platform that provides the community with open access to the law, legal information, and lawyers. |
|
|