Whitehead v. McCampbell

We grant the petition for writ of habeas corpus.

In denying petitioner’s motion to set bond, the trial court was expressly unwilling to accept the standard recited in Elderbroom v. Knowles, 621 So.2d 518 (Fla. 4th DCA 1993), holding the state to a burden of proof greater than that required to establish guilt beyond a reasonable doubt, in demonstrating that the proof of petitioner’s guilt was evident or the presumption great. See Art. I, § 14, Fla. Const.; Fla. R.Crim. P. 3.131(a). The state does not attempt to explain how the trial court was correct in refusing to apply that standard.

The third…