Legal Opinion

Gerstein v. Pugh

Supreme Court of the United States

Decided February 18, 1975No. 73-477PublishedCited by 4,118 opinions

1Opinion of the CourtJustice Powell

The issue in this case is whether a person arrested and held for trial under a prosecutor’s information is constitutionally entitled to a judicial determination of probable cause for pretrial restraint of liberty.

I

In March 1971 respondents Pugh and Henderson were arrested in Dade County, Fla. Each was charged with several offenses under a prosecutor’s information.1 Pugh was denied bail because one of the charges against him carried a potential life sentence, and Henderson remained in custody because he was unable to post a $4,500 bond.

In Florida, indictments are required only for prosecution…

2Cases cited65 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Younger v. HarrisSupreme Court of the United States · 1971
  3. Wong Sun v. United StatesSupreme Court of the United States · 1963
  4. Wolff v. McDonnellSupreme Court of the United States · 1974
  5. Morrissey v. BrewerSupreme Court of the United States · 1972

60 more not listed; retrieve them via the Exa API.

3Cited by4,118 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. Albright v. OliverSupreme Court of the United States · 1994
  3. Payton v. New YorkSupreme Court of the United States · 1980
  4. Baker v. McCollanSupreme Court of the United States · 1979
  5. United States v. SalernoSupreme Court of the United States · 1987

4,113 more not listed; retrieve them via the Exa API.

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