CURTIS WILLIAM JOHNSON, PETITIONER,
v.
E. W. PELLICER, SHERIFF OF PUTNAM COUNTY, FLORIDA, RESPONDENT
CURTIS WILLIAM JOHNSON, PETITIONER,
E. W. PELLICER, SHERIFF OF PUTNAM COUNTY, FLORIDA, RESPONDENT
388 So. 2d 571
Florida District Court of Appeal, Fifth District (1980)
Negative Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The allegations of the sworn petition for habeas corpus have not been refuted in the response thereto, and it appears from the record before us that the defendant’s conduct herein did not evince such a flagrant disregard of the court’s authority or effort to evade its processes as to forfeit the defendant’s constitutional right to bail. See Ex parte McDaniel, 86 Fla. 145, 97 So. 317 (1923). It is ordered that the trial court shall set bond, in a reasonable amount, in Case No. 79-748-CF and Case No. 79-749-CF, immediately upon receipt of this writ. The issue of estreature of the original bonds is not raised by this petition, and therefore not considered.
IT IS SO ORDERED.
ORFINGER, COBB and FRANK D. UP-CHURCH, Jr., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gardner v. Ernest P. "Kayo" Murphy, 402 So. 2d 525 (Fla. 5th DCA 1981)…ed that Gardner’s past conduct was sufficient to forfeit his constitutional right to release on bail. We agree with the trial judge that Hancock and the later cases of Middleton v. Polk, 399 So. 2d 1105 (Fla. 5th DCA 1981), and Johnson v. Pellicer, 388 So. 2d 571 (Fla. 5th DCA 1980), indicate there are situations where Florida’s constitutional right to be released on bail can be forfeited upon conduct that “evinces a flagrant disregard of the court’s authority or effort to evade its processes.”3 However, whi…
Authorities Cited
- Ex Parte, 86 Fla. 145 (Fla. 1923)