John Morrison, Assistant Public Defender, Appellate Division, Miami PDO, has filed this Petition for Writ of Habeas Corpus with the Third DCA relating to the procedural and constitutional concerns regarding section 907.041(5)(b): “A person arrested for a dangerous crime may not be granted nonmonetary pretrial release at a first appearance hearing if the court has determined there is probable cause to believe the person has committed the offense.”
It doesn’t specifically address 907.041(5)(d), which has the Broward SAO and judiciary scrambling due to the requirement for the state attorney, or the court on its own motion with a PC arrest for a “dangerous crime” that is a capital felony, a life felony, or a felony of the first degree, to motion for pretrial detention (“shall motion for pretrial detention“).
In Broward, we’re told the PDO has been successful in having judges not order pretrial detention pursuant to 5(d) for a variety of reasons, but Defendants are certainly being held no bond past their First Appearances pursuant to the 2024 changes until being seen by their assigned division judges. Morrison’s filings are therefore believed to be the first volleys at the appellate level attacking the statute on procedural and constitutional grounds that could also potentially be applied to 5(d), meaning the litigation will be closely watched across the State.
Follow along with all the responses and other filings at the Third DCA Clerk’s website …
COMING SOON – SAO Restructuring – Are the “Dinosaur Divisions” doomed?; CJ ELECTION!
WPLG – 20-year state attorney DTU secretary admits dealing cocaine with boyfriend (2016)
FLORIDA BULLDOG:
End of jail bail reform may cost Broward taxpayers an extra $16.7 million
NAACP calls on Justice Department to investigate ‘alarming’ BSO jail deaths; ‘Immediate action’ urged
Are they filing the Detention Motions in Miami?
Is DTU the work from home unit?
Gingerbread’s statement is just ridiculous.
The name Drug Trafficking Unit was not intended as a double entendre.
The Old Man’s still in charge. Going after a pill heads like Kodak for Oxy’s when delivery of Fentanyl are handled by Felony. DTU is what it says up there. Dinosaurs. HP must think it’s 2005.
President Trump will be calling in to Desantis soon I bet.
ridiculous there’s no way the state can prove that wasnt his prescription. Pryor needs to go. Black community should be outraged
he doesn’t know about dtu. its not his fault.
That’s probably true. I doubt he knows what that useless waste of resources is up to because he’s focused on important cases and obviously Melly. But maybe Kodak he knows because he’s high profile too. Just a thought.
Denise is a wonderful trial lawyer. Why do they waste her there. Why isn’t she in Homicide.
The DTU scandal was unfortunately merely one episode of much despicable conduct occurring under that incompetent man’s nose.
Don’t worry Mike nothing can be proven she stopped doing it last night.
Did she get charged?
She sure made a fool out of Gallagher with all his LEO patches in his office. LEO’s got played hard. Thank G no one got hurt.
Does Neuner go to court.
Neva leaving SBU?? Anyone know.
Who?
If you don’t know who Neva is- it means you aren’t a criminal defense attorney. It’s cool to see civil lawyers here too. She is a very well known prosecutor.
Neva is a useless nasty bitch that smiles in your face while she has a knife in your back
You must be thinking of a different person. Neva from the SAO is incredibly respected and hand’s down the best attorney in that office. She’s an amazing trial attorney and is kind but fair
She’s a useless backstabbing nasty lady. Respected now that’s funny!
Spoken like a bitter line prosecutor who didn’t get promoted to sex batt
She terrozies the secretaries in the SAO tells them she’s there for them and then stabs them in the back. She’s a mean nasty bitch! Ask anyone except her little buddies in SBU.
Neva out, Heather in
Huh? Who goes to HTU?
That’s the real question
HTU another embarrassment
Which judges are denying these and what are their reasons? This kind of info may actually make this post helpful rather than just the typical garbage posted here.
Shut up ahole wants to help State fix its problemss
You don’t think the State knows which judges denied their motions and why? Sigh……
The State’s only going through the motions (pun intended) on this anyway IMHO so Guv D doesn’t come calling. How many Pretrial Detention Motions did they file before the new law? Plus, Chief is unabashedly pro-bail reform. I doubt he wants more people sitting in his jail. The State files them per law, shrugs at the hearing, and lets the Judge wipe it with a bond out ruling in most cases is my guess how most of these will shake out.
Read the Statute.
Wait a sec. I actually won something today?
Who cares what the law is…..I just let everyone go anyways
https://www.floridabulldog.org/2024/02/new-statewide-bond-scheme-widely-challenged-unconstitutional/