Opinion
360310
02-23-2022
People of Michigan v. Olivia Marie Hull
LC No. 20-005414-FH; 20-005416-FH; 20-005417-FH
Jane E. Markey Douglas B. Shapiro Judges
ORDER
James Robert Redford Presiding Judge
The motion to review bail is GRANTED, the February 7, 2022 bench ruling revoking defendant's conditional bond is PEREMPTORILY REVERSED, the portion of the February 9, 2022 order effectuating that ruling is VACATED, and this matter is REMANDED to the Kent Circuit Court for REINSTATEMENT of the original bond. The trial court abused its discretion when it revoked defendant's bond. MCR 6.106(H)(1); People v Edmond, 81 Mich.App. 743, 746; 266 N.W.2d 640 (1978). “Under Michigan law, before conviction a defendant is, with certain exceptions, entitled as a matter of constitutional right to have reasonable bail established for pretrial release.” People v Davis, ___ Mich.App. ___, ___; ___ N.W.2d ___ (2021). Defendant was released on a $25,000 cash/surety bond, with conditions, in June of 2020. The record contains neither allegation nor evidence that defendant failed to comply with the conditions set in that bond. MCL 330.2036 provides that defendant's right to be “at liberty pending trial, on bail or otherwise, shall not be impaired because the issue of competence to stand trial has been raised[.]” Although the trial court expressed concern that defendant would fail to appear for her competency examination or other proceedings, the record lacks adequate evidence to support that concern. There is no evidence that defendant failed to appear at any proceedings in these criminal matters; in fact, she appeared at the scheduled time and place for her bench trial, which was subsequently adjourned pending the outcome of the competency examination. This order has immediate effect. MCR 7.215(F)(2). The Court does not retain jurisdiction.