Bradshaw v. Jenne

4 Citing cases

  1. State v. Blair

    39 So. 3d 1190 (Fla. 2010)   Cited 33 times

    " Wilson v. State, 669 So.2d 312, 313 (Fla. 5th DCA 1996). Similarly, the Fourth District applied this general rule Bradshaw v. Jenne, 754 So.2d 109 (Fla. 4th DCA 2000). In recent years, this Court has receded from the general rule that a trial court may order pretrial detention based solely on the defendant's willful failure to appear.

  2. State v. Paul

    783 So. 2d 1042 (Fla. 2001)   Cited 36 times
    Holding that a trial court lacks "the inherent authority to deny a subsequent application for bond based solely on a defendant's violation of a bond condition"

    (2) Any defendant who willfully and knowingly fails to appear and breaches a bond as specified in section 903.26, Florida Statutes, and who is arrested at any time following forfeiture shall not be eligible for a recognizance bond or any form of bond that does not require a monetary undertaking or commitment equal to or greater than $2,000 or twice the value of the monetary commitment or undertaking of the original bond, whichever is greater.See also Bradshaw v. Jenne, 754 So.2d 109, 111-112 (Fla. 4th DCA 2000) (Taylor, J., dissenting) (explaining that writ of habeas corpus should be granted because denying release on bond based on willful failure to appear without express findings of whether any conditions of pretrial release are reasonably likely to assure appearance fails to comply with the statute governing pretrial detention set forth in section 907.041). Further, as the Fourth District points out in Paul, rule 3.132(b), "which provides that a motion for pretrial detention may be filed at any time prior to trial, contemplates successive bail applications."

  3. Blair v. State

    15 So. 3d 758 (Fla. Dist. Ct. App. 2009)   Cited 9 times
    Holding that the trial court improperly ordered pretrial detention without finding that "no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process"

    See Fla.R.Crim.P. 3.132(c)(2); ยง 907.041(4)(i), Fla. Stat. (2008). This court's decision in Bradshaw v. Jenne, 754 So.2d 109, 110-11 (Fla. 4th DCA 2000), predates the Florida Supreme Court's decision in State v. Paul, 783 So.2d 1042 (Fla. 2001). In Paul, the supreme court agreed with Judge Taylor's dissent in Bradshaw.

  4. Thomas v. Jenne

    766 So. 2d 320 (Fla. Dist. Ct. App. 2000)   Cited 2 times

    Thomas filed a petition for writ of habeas corpus seeking to quash the trial court's order denying bond and directing the trial court to set a reasonable bond. As we ruled on December 14, 1999 before the issuance of this opinion, we deny the petition on the authority of Bradshaw v. Jenne, No. 4D99-3641 (Fla. 4th DCA Mar. 15, 2000). STONE and HAZOURI, JJ., concur.