TOMMY ROBINSON, PETITIONER,
v.
THE STATE OF FLORIDA, AND MARYDELL GUEVARA, DIRECTOR, MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT, 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.
Tommy Robinson petitioned for habeas corpus challenging his detention without bond after being arrested on an alias capias warrant for failing to appear at trial. The Florida District Court of Appeal granted the petition in part and remanded for a proper bond hearing, finding the trial court failed to make required statutory findings before ordering detention without bond.
The trial court violated statutory and constitutional requirements by ordering detention without bond without determining willfulness and making the requisite findings under section 907.041(4)(c), Florida Statutes. The case is remanded for an expedited bond hearing where the trial court must make these determinations, including consideration of whether Robinson's failure to appear was willful.
[1] A trial court must determine whether a defendant's failure to appear was willful before ordering detention without bond.
[2] A trial court must make specific findings that no conditions of release can reasonably protect the community or assure the accused's presence at trial before ordering det…
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 trial court neither determined whether his failure to appear in court was willful, nor made the necessary findings that "no conditions of release can reasonably protect the community from risk of physical harm to persons or assure the presence of the accused at trial."”
Identifies the specific statutory and constitutional violations that required reversal
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceRobinson was arrested on February 11, 2014, for sale of cocaine, openly carrying a weapon, and resisting an officer without violence, and was released…
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 Risk Of Physical Harm cases and more on FLexlaw
Tommy Robinson seeks a writ of habeas corpus to remedy his detention without bond. Robinson was arrested in F14-3806 on February 11, 2014, for sale of cocaine, openly carrying a weapon and resisting an officer without violence. He was released on bond. His case was set for trial on July 28, 2014. On that day he appeared in court but apparently during a court recess, he left. The case was reset for the next day, July 29, 2014, and on that date, Robinson failed to appear and the judge issued an alias capias warrant. On September 9, 2014, the alias capias warrant was served on the petitioner and he was arrested.
At the defendant’s appearance at the alias capias calendar, petitioner was ordered held without bond although the trial court neither determined whether his failure to appear in court was willful, nor made the necessary findings that “no conditions of release can reasonably protect the community from risk of physical harm to persons or assure the presence of the accused at trial.” § 907.041(4)(c), Florida Statutes (2014); see Art, I, § 14, Fla. Const.; Blair v. State, 39 So.3d 1190 (Fla. 2010). As such, we grant Robinson’s petition for writ of habeas corpus only insofar as we remand to the trial court for an expedited bond hearing pursuant to section 907.041(4)(c), Florida Statutes (2014). The trial court’s determination shall include, but is not limited to, Robinson’s willfulness in failing to appear. Robinson shall remain in detention pending the outcome of the hearing. See Herrera v. State, 3D14-2199, 2014 WL 4627613 (Fla. 3d DCA 2014).
As such, we grant Robinson’s petition for writ of habeas corpus only insofar as we remand to the trial court for an expedited bond hearing pursuant to section 907.041(4)(c), Florida Statutes (2014). The trial court’s determination shall include, but is not limited to, Robinson’s willfulness in failing to appear at his scheduled pretrial sounding. Robinson shall remain in detention pending the outcome of the hearing.
Petition is granted; remanded for an expedited bond hearing.
This opinion shall take effect immediately notwithstanding the filing or disposition of any motion for rehearing.