EX PARTE IKE SMITH
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The Florida Supreme Court affirmed a lower court's decision to deny a habeas corpus petition seeking to reduce bail for a manslaughter charge. The court found that the petitioner failed to demonstrate an ability to make bail in any amount, rendering the reduction request moot.
No, the Circuit Judge did not err in denying the petition. The appellate court affirmed the denial because the petitioner failed to show he could procure sureties for any bail amount, making a reduction order an idle gesture.
“The record fails to show that the petitioner could make bail in any sum. In fact, it is shown that he could not make bail in any appreciable amount.”
Establishes the factual basis for the court's decision regarding the petitioner's inability to post bail.
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Join FLexlaw to unlock all legal intelligenceIke Smith, charged with manslaughter, was held in jail after being unable to post bail set at $1500. He filed a writ of habeas corpus seeking a reduct…
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Ike Smith, being charged with the offense of manslaughter and being held in jail in default of posting bail as fixed by the County Judge in the sum of Fifteen Hundred ($1500.00) Dollars, sued out writ of habeas corpus to- procure an order reducing the amount of bail required.
After the taking of testimony, the Circuit Judge declined to make the desired order and petitioner sued out writ of error to this Court.
The record fails to show that the petitioner could make bail in any sum. In fact, it is shown that he could not make bail in any appreciable amount. So it appears that with the facts before him, the Circuit Judge saw no legal or *435sufficient reason to make an order which would have been at most an idle gesture.
So, the judgment will be affirmed but without prejudice to the petitioner to renew his petition in the Circuit Court if and when he may be able to show unto the court that he can procure good and sufficient sureties on his bail bond in the sum of one thousand dollars.
So ordered.
Terrell, C. J., and Thomas, J., concur.
Chapman, J., concurs in opinion and judgment.
Justices Whitfield and Brown, not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
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Knight v. State, 213 So. 3d 1019 (Fla. 1st DCA 2017)…based on her inability to satisfy the monetary condition. Therefore, unless we conclude that the trial court must set bail at $10,000 or less—a conclusion we cannot accept *—ordering a reduced bail would be “at most an idle gesture.” Ex parte Smith, 141 Fla. 434, 193 So. 431, 435 (1940) (denying excessive-bail claim because the record showed defendant “could not make bail in any appreciable amount”). II. Knight’s independent, alternative argument is that even if her bail is not exces [*1022] sive, the cou…
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Arslanian v. Junior, 46 Fla. L. Weekly D2352 (Fla. 3d DCA 2022)…Therefore, unless we conclude that the trial court must set bail at $10,000 or less—a conclusion we cannot accept— ordering a reduced bail would be “at most an idle gesture.” Knight, 213 So. 3d at 1021 (footnote omitted) (quoting Ex parte Smith, 193 So. 431, 435 (1940)). Drawing upon the logic advanced in Knight, we reject the proposition that where a defendant lacks sufficient financial resources to satisfy cash bail, a trial court is required to impose nonmonetary release conditions. This woul…