STATE OF FLORIDA EX REL. ARVEL JOSEPH DUNCAN, APPELLANT,
v.
DAVE STARR, AS SHERIFF OF ORANGE COUNTY, FLORIDA, APPELLEE
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This case concerns an appeal from a lower court's denial of a writ of habeas corpus, which sought to challenge the denial of bail for a prisoner accused of a capital offense. The appellate court affirmed the lower court's decision, finding sufficient evidence to justify the denial of bail.
No, the Circuit Court did not err in quashing the writ of habeas corpus and remanding the appellant to custody without bail. The evidence presented by the State was sufficient to justify the denial of bail.
“This is an appeal from an Order entered by the Circuit Judge quashing the Writ of Habeas Corpus and remanding the appellant to the custody of the Sheriff of Orange County, Florida.”
Establishes the procedural posture of the case as an appeal from a habeas corpus ruling.
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Join FLexlaw to unlock all legal intelligenceThe appellant, Arvel Joseph Duncan, sought a writ of habeas corpus to challenge the denial of bail. He was in the custody of the Sheriff of Orange Cou…
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This is an appeal from an Order entered by the Circuit Judge quashing the Writ of Habeas Corpus and remanding the appellant to the custody of the Sheriff of Orange County, Florida.
The only issue before this Court is whether or not the Circuit Court erred in quashing the Writ of Habeas Corpus and remanding the appellant to the custody of the appellee.
The appellant contends that the evidence adduced by the State was not sufficient to justify the denial of bail. The testimony was heard by an eminent Circuit Judge who determined that in this capital case, the proof was evident or the presumption great. His findings are amply supported by the record.
Therefore, the Order of the Circuit Judge quashing the Writ of Habeas Corpus and remanding the prisoner to the custody of the Sheriff of Orange County, Florida, without bail is hereby affirmed.
ALLEN, Acting Chief Judge, and KNOTT, JAMES R., Associate Judge, concur.