RICKY WILLIS
v.
CASSANDRA JONES, ETC.
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When a trial court finds after an Arthur hearing that proof is not evident nor presumption great, it cannot order detention without bond and must instead conduct a rule 3.131 pretrial release hearing.
[1] When a trial court finds after an Arthur hearing that proof is not evident nor presumption great, it must release the defendant on recognizance or with bail and conduct a…
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Join FLexlaw to unlock all legal intelligenceWillis was charged with murder in the second degree and possession of a firearm by a convicted felon. After an Arthur hearing, the trial court found t…
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PER CURIAM.
Ricky Willis petitions this court for a writ of habeas corpus. The trial court ordered him held without bond on the charges of murder in the second degree and possession of a firearm by a convicted felon despite finding after an Arthur1 hearing that proof was not evident nor presumption great. We grant the petition for writ of habeas corpus and direct the trial court to conduct a rule 3.131 pretrial release hearing. See Joseph v. Junior, 319 So. 3d 766, 767 (Fla. 3d DCA 2021); Ginsberg v. Ryan, 60 So. 3d 475, 477 (Fla. 3d DCA 2011). This decision is without prejudice for the State to file a legally sufficient motion for pretrial detention, should it choose to do so. See Joseph, 319 So. 3d at 767; Ho v. State, 929 So. 2d 1155, 1155 (Fla. 5th DCA 2006). The trial court is directed to hold the hearing no later than three business days following the issuance of this opinion. See id.
Petition granted; cause remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Arthur, 390 So. 2d 717 (Fla. 1980)
- Viet HO v. State, 929 So. 2d 1155 (Fla. 5th DCA 2006)
- Ginsberg v. Ryan, 60 So. 3d 475 (Fla. 3d DCA 2011)