JOSEPH MCCOY, PETITIONER,
v.
THE STATE OF FLORIDA AND GERALD J. KLEIN, DADE COUNTY COURT JUDGE, RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
McCoy sought mandamus relief challenging whether a first appearance judge had authority to modify bail conditions set by another judge. The court held that failure to check a box on the bail form prohibiting modification constitutes affirmative authorization for the first appearance judge to independently modify bail conditions under Florida Rule of Criminal Procedure 3.131(d)(1)(D).
The court held that the failure to check the box precluding modification constitutes affirmative authorization for the first appearance judge to modify bail. The first appearance judge has both the authority and duty independently to consider appropriate release conditions so long as the warrant judge does not specifically preclude such modification.
[1] An appellate court may resolve an issue that is capable of repetition yet evading review, even if the specific case has been mooted.
[2] Failure of a judge setting bail in an arrest warrant to check a box indicating that the bond may not be modified by the first appearance judge constitutes authorization f…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the failure of the judge who sets bail or other release conditions in an arrest warrant to cheek the appropriate box on the accompanying form that the bond may not be modified by the first appearance judge constitutes an affirmative authorization within the meaning of Florida Rule of Criminal Procedure 3.131(d)(1)(D)1 for the first appearance judge to modify that bond”
States the court's holding on the primary issue regarding interpretation of the bail modification rule
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJoseph McCoy was arrested on a warrant issued by one judge who set bail conditions but failed to check the box on the accompanying form indicating tha…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
SCHWARTZ, Chief Judge.
Even though this case has been mooted as to the particular petitioner, we resolve the issue raised by his application for mandamus under the familiar exception to the mootness rule which permits appellate determination when the question presented “is capable of repetition yet evading review.” See 3 Fla.Jur.2d Appellate Review § 308 (1997). Upon that consideration, we hold, as both parties agree, that the failure of the judge who sets bail or other release conditions in an arrest warrant to cheek the appropriate box on the accompanying form that the bond may not be modified by the first appearance judge constitutes an affirmative authorization within the meaning of Florida Rule of Criminal Procedure 3.131(d)(1)(D)1 for the first appearance judge to modify that bond. Stated otherwise, the Dade County first appearance judge has the authority and the duty independently to consider the appropriate conditions of release for a defendant arrested on a warrant issued by another judge so long as that judge does not specifically preclude him from doing so. To the extent that the petition seeks other relief, it is denied.
. (cl) Subsequent Application for Setting or Modification of Bail.
(1) When a judicial officer not possessing trial jurisdiction orders a defendant held to answer before a court having jurisdiction to tty the defendant, and bail has been denied or sought to be modified, application by motion may be made to the court having jurisdiction to try the defendant or, in the absence of the judge of the trial court, to the circuit court. The motion shall be determined promptly. No judge or a court of equal or inferior jurisdiction may modify or set a condition of release, unless the judge:
(A) imposed the conditions of bail or set the amount of bond required;
(B) is the chief judge of the circuit in which the defendant is to be tried;
(C) has been assigned to preside over the criminal trial of the defendant; or
(D) is the first appearance judge and was authorized by the judge initially setting or denying bail to modify or set conditions of release, [emphasis supplied]
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Norris v. State, 737 So. 2d 1240 (Fla. 5th DCA 1999)…is the authority of first appearance [*1243] judges to modify a bond amount that has been previously set. The procedure to be followed is clearly set forth in the rule. Moreover, I agree with the opinion of Chief Judge Schwartz in McCoy v. State, 702 So. 2d 252 (Fla. 3d DCA 1997), and accordingly would deny the petition. . This case is one of several from the same circuit involving the same issue. My reading of the transcripts leads me to believe that the real controversy is deeper than the issue presen…1 / 3
-
State v. Norris, 768 So. 2d 1070 (Fla. 2000)…[*1071] WELLS, C.J. We have for review Norris v. State, 737 So. 2d 1240 (Fla. 5th DCA 1999), which expressly and directly conflicts with the opinion in McCoy v. State, 702 So. 2d 252 (Fla. 3d DCA 1997). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. The relevant facts of this case as set forth in the Fifth District’s opinion are as follows: The Chief Judge of the Fifth Judicial Circuit issued administrative order A99…1 / 2