Perry v. Bradshaw

Marcus Perry filed an emergency petition for writ of habeas corpus, challenging the trial court’s finding of probable cause at his adversary preliminary hearing. On August 19, 2010, we directed his release “on recognizance subject to the condition that he ... appear at all court proceedings,” Florida Rule of Criminal Procedure 3.133(b)(5), with an opinion to follow.

Perry was arrested for murder, and after the state failed to charge him by indictment or information within twenty-one days, he moved for an adversary preliminary hearing pursuant to Florida Rule of Criminal Procedure 3.133(b).1 At…