THOMAS PETERS, APPELLANT,

v.

DAVID BIAGETTI, APPELLEE

Citator

Cited By

• State v. Blair, 39 So. 3d 1190 (Fla. 2010)
  …l detention may not be ordered based on a failure to appear unless the court finds that the failure to appear was willful. See Lee v. State, 956 So. 2d 1292 (Fla. 4th DCA 2007); Johnson v. Jenne, 913 So. 2d 740 (Fla. 4th DCA 2005); Winters v. Jenne, 765 So. 2d 54 (Fla. 4th DCA 1999). Further, the trial court improperly ordered pretrial detention without finding that “no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at tri…
• Blair v. State of Fla. & Ric L. Bradshaw, 15 So. 3d 758 (Fla. 4th DCA 2009)
  …l detention may not be ordered based on a failure to appear unless the court finds that the failure to appear was willful. See Lee v. State, 956 So. 2d 1292 (Fla. 4th DCA 2007); Johnson v. Jenne, 913 So. 2d 740 (Fla. 4th DCA 2005); Winters v. Jenne, 765 So. 2d 54 (Fla. 4th DCA 1999). Further, the trial court improperly ordered pretrial detention without finding that “no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at tri…
• Tanesha Bannister v. Al Lamberti, 32 So. 3d 745 (Fla. 4th DCA 2010)
  …hat the trial court could not order pretrial detention without finding that his failure to appear was willful, we cited to Lee v. State, 956 So. 2d 1292 (Fla. 4th DCA 2007); Johnson v. Jenne, 913 So. 2d 740 (Fla. 4th DCA 2005); and Winters v. Jenne, 765 So. 2d 54 (Fla. 4th DCA 1999). In each of those cases, as in Blair, the accused had offered some innocent explanation for his or her failure to appear. Winters relied on Malave v. State, 727 So. 2d 1002 (Fla. 4th DCA 1999), where the defendant failed to appe…

Authorities Cited

• Allstate Ins. Co. v. Gulisano, 722 So. 2d 216 (Fla. 2d DCA 1998)