Scott v. Ryan

MAUGHAN, Justice:

On appeal is an order of the trial court denying plaintiff’s petition for writ of ha-beas corpus. We reverse, grant plaintiff’s petition for the writ, and remand for an immediate bail hearing.

On December 31, 1975, plaintiff was arrested and charged with a felony. Since then he has been incarcerated in the Weber County jail. At the time of his arrest plaintiff was on probation because of a prior conviction for a misdemeanor. He was denied bail, because the trial court interpreted Article 1, Section 8, Constitution of Utah, to mean that under these circumstances bail could not…