Bush v. State
District Court of Appeal of Florida
1DissentRay, J.
I would deny the petition for two reasons. First, the “good cause” requirement of Rule 3.131(d)(2), relating to modification of bail, is not applicable to motions filed under Rule 3.132, relating to pretrial detention. Second, even if the “good cause” limitation did apply, the State presented information from which the trial court could determine that this requirement had been met.
The State’s motion for pretrial detention was authorized under Rule 3.132(b), titled “Motions filed after First Appearance.” The rule explicitly states that “[a] motion for pretrial detention may be filed at any…
2Cases cited8 opinions
- E.A.R. v. StateSupreme Court of Florida · 2009
- Leisure Resorts, Inc. v. Frank J. Rooney, Inc.Supreme Court of Florida · 1995
- Keane v. CochranDistrict Court of Appeal of Florida · 1993
- Hernandez v. StateSupreme Court of Florida · 2010
- Castro v. StateDistrict Court of Appeal of Florida · 2005
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