| Classification |
Original Proceedings - Circuit Criminal - Habeas Corpus
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
17-CF-90A
|
Parties
| Name |
DAVID NEAL, L.L.C.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ROBERT P. HARRIS, ESQ.
|
|
| Name |
MICHAEL SCOTT, SHERIFF
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ANDREW TETREAULT, A.A.G.
|
|
| Name |
HON. BRUCE E. KYLE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
LEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-06-30
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2017-06-01
|
| Type |
Disposition by Order
|
| Subtype |
Granted
|
| Description |
ORD-GRANT. ORIG PETITION ~ The petition for writ of habeas corpus is granted. See Norton-Nugin v. State, 179 So. 3d 557, 559-60 (Fla. 2d DCA 2015) (holding that in the absence of any evidence to support a finding that the accused is a flight risk, a $150,000 bond "is a punitive and excessive amount" when special conditions of release can protect the community); Sylvester v. State, 175 So. 3d 813 (Fla. 5th DCA 2014) (granting petition and remanding for trial court to reconsider accused's financial resources even after it had reduced bond from $800,000 to $150,000 for three first-degree felony charges); Alexander v. Broward Cty. Sheriff's Office, 6 So. 3d 707, 708 (Fla. 4th DCA 2009) (concluding that a bond amount of $1,251,100 on drug possession, trafficking, and obstructing a police officer without violence was excessive when the evidence showed that the accused earned $17,000 annually, had ties to the community, and owned no property or assets for use as collateral for bond and that the State produced no evidence that she would fail to appear in court). No later than four days following the issuance of this order, the trial court shall conduct a hearing to determine reasonable conditions of pretrial release pursuant to Florida Rule of Criminal Procedure 3.131(b), giving due consideration to the factors listed in rule 3.131(b)(3), which include the petitioner's family ties, length of residence in the community, employment history, and financial resources. This order does not preclude the State from filing a legally sufficient motion for pretrial detention under rule 3.132(b). However, if the State files a legally sufficient motion and shows beyond a reasonable doubt the need for pretrial detention pursuant to the criteria in section 907.041, Florida Statutes, the trial court shall include the findings required by rule 3.132(c)(2) and section 907.041(4)(i) in its order.
|
|
| Docket Date |
2017-06-01
|
| Type |
Disposition
|
| Subtype |
Granted
|
| Description |
Granted - Order by Judge ~ NORTHCUTT, CASANUEVA, AND KHOUZAM
|
|
| Docket Date |
2017-05-30
|
| Type |
Record
|
| Subtype |
Supplemental Appendix
|
| Description |
SUPPLEMENTAL APPENDIX OR ATTACHMENT ~ INDEX FOR APPENDIX 3
|
| On Behalf Of |
DAVID NEAL
|
|
| Docket Date |
2017-05-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ The petitioner shall supplement the petition for writ of habeas corpus with an appendix containing the probable cause affidavit sworn by Detective Wolfgang Daniels by May 30, 2017.
|
|
| Docket Date |
2017-05-23
|
| Type |
Record
|
| Subtype |
Index
|
| Description |
Index
|
| On Behalf Of |
DAVID NEAL
|
|
| Docket Date |
2017-05-22
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ PETITIONER'S REBUTTAL TO THE STATE OF FLORIDA'S RESPONSETO THE PETITION FOR WRIT OF HABEAS CORPUS
|
| On Behalf Of |
DAVID NEAL
|
|
| Docket Date |
2017-05-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Within two days of the date of this order, the petitioner shall supplement the petition for writ of habeas corpus with the petitioner's motion for bond reduction and any written order denying the petitioner's motion.
|
|
| Docket Date |
2017-05-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS
|
| On Behalf Of |
MICHAEL SCOTT, SHERIFF
|
|
| Docket Date |
2017-05-17
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE
|
| On Behalf Of |
MICHAEL SCOTT, SHERIFF
|
|
| Docket Date |
2017-05-10
|
| Type |
Order
|
| Subtype |
Quick Response to Habeas by AG
|
| Description |
quick response to habeas by AG ~ The Attorney General shall serve a response to the petition for writ of habeas corpus by May 18, 2017. The petitioner may reply within two days of service of the response. Any electronic filing shall indicate a specific emergency category or "emergency other" category and a time-sensitive date.
|
|
| Docket Date |
2017-05-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
DAVID NEAL
|
|
| Docket Date |
2017-03-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ The petitioner shall supplement the emergency petition for writ of habeas corpuswith an appendix that contains the petitioner's motion for bond reduction, the transcriptof the hearing on the petitioner's motion for bond reduction, the transcript of thepetitioner's first appearance hearing, the information, and any written order denying thepetitioner's motion for bond reduction, as well as any additional portions of the circuitcourt record that the petitioner deems necessary to an understanding of the issuepresented. See Fla. R. App. P. 9.220(a).
|
|
| Docket Date |
2017-03-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2017-03-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF4:No Fee-Habeas Corpus
|
|
| Docket Date |
2017-03-22
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
DAVID NEAL
|
|
|
