ROBERT GADSON, PETITIONER,
v.
KEN JENNE, SHERIFF OF BROWARD COUNTY, FLORIDA, RESPONDENT
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.
Petitioner Gadson sought habeas corpus relief from revocation of his pretrial bond. The court granted the petition, holding that a second judge cannot reconsider and reverse a prior judge's bond decision without new evidence being presented.
A second circuit court judge does not have authority to reverse the prior order of another circuit court judge regarding bond revocation. Without new evidence presented to warrant reconsideration, the bond revocation was improper.
[1] A defendant is entitled to a reasonable bond unless charged with a capital offense or an offense punishable by life imprisonment where proof of guilt is evident or the pr…
[2] A court may detain an accused if no conditions of release can reasonably protect the community, assure the accused's presence at trial, or assure the integrity of the jud…
Previewing 2 of 5 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“One circuit court judge does not have the authority to reverse the prior order of another circuit court judge.”
Establishes the core principle that prevented the second judge from reconsider the bond decision
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn July 1, 2003, Gadson was arrested for cocaine possession and posted a $1,000 bond. On November 17, 2003, he was arrested again on similar charges a…
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.
Explore caselaw by topic → Browse Revocation Of Bond cases and more on FLexlaw
PER CURIAM.
The defendant filed a petition for writ of habeas corpus, arguing the trial court improperly revoked his bond. We granted the petition and ordered the defendant released on the bond posted on January 10, 2004. This opinion follows.
On July 1, 2003, the defendant was arrested for possession of cocaine and drug paraphernalia. The defendant posted the one-thousand dollar bond and was released.
On November 17, 2003, the defendant was arrested again for possession of cocaine and drug paraphernalia. Bond was set at one-thousánd dollars. The State filed the new charges and moved to revoke the defendant’s bond based upon the new arrest.
The court conducted a hearing, during which the prosecutor presented the court with the probable cause affidavit from the new arrest, the defendant’s prior criminal history, and the sentencing guidelines. The court denied the State’s motion. The defendant posted the new bond and was released.
The case was transferred to another criminal division. The defendant appeared before the new judge on March 29th and April 15th without incident. However, at the second hearing, the prosecutor asked the new judge to revoke the new bond based upon the second arrest. Defense counsel argued the issue had previously been decided by another judge and no new circumstances had been presented to warrant revocation of the new bond. The new judge revoked the bond and remanded the defendant.
The defendant is entitled to a reasonable bond.
Unless charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great, every person charged with a crime or violation of municipal or county ordinance shall be entitled to pretrial release on reasonable -conditions. If no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judi- rial process, the accused may be detained.
Fla. R.Crim. P. 3.131. There is no doubt the court has the authority to revoke a defendant’s pretrial release “if the court finds probable cause to believe that the defendant committed a new crime while on pretrial release.” See § 903.0471, Fla. Stat. (2000). However, the original judge considered the request to revoke the defendant’s bond ánd denied the request. One circuit court judge does not have the authority to reverse the prior order of another circuit court judge. See Hewlett v. State, 661 So. 2d 112 (Fla. 4th DCA 1995). In this case, the State failed to present any new evidence to warrant a second consideration of its request to revoke the defendant’s bond.
We grant the petition for writ of habeas corpus and remand for further proceedings.
TAYLOR, HAZOURI and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Wash. Mut. Bank v. Shelton, 892 So. 2d 547 (Fla. 2d DCA 2005)…eck’s evidence-based findings, that the Bank did provide payoff figures on at least two occasions and that the Sheltons had not tendered a sufficient amount on those occasions. See State v. Gary, 609 So. 2d 1291, 1293-94 (Fla.1992); Gadson v. Jenne, 882 So. 2d 531, 533 (Fla. 4th DCA 2004). After previously failing in their attempts to reinstate the first mortgage, and then failing on at least two occasions to pay it off, the Sheltons finally exercised their right of redemption and did pay off the Bank’s supe…
Authorities Cited
- Hewlett v. The State of Fla. & The Honorable Carole Y. Taylor, 661 So. 2d 112 (Fla. 4th DCA 1995)