Legal Opinion
In RE McSHERRY
California Court of Appeal
Decided October 20, 2003No. B169107PublishedCited by 18 opinions
1Opinion of the Court
Opinion
MUÑOZ (Aurelio), J.
Penal Code section 1272 1 provides that a criminal defendant who has been convicted of a misdemeanor, but not yet sentenced, has an absolute right to bail. We issued a writ of habeas corpus to consider the question of whether a trial court may impose reasonable bail conditions on the granting of that bail. We hold that it may, but that the conditions have to be reasonable and related to public safety.
FACTUAL AND PROCEDURAL BACKGROUND
In April 2003, petitioner, Leonard James McSherry, was charged with violating five counts of Penal Code section 653g (loitering about…
2Cases cited17 opinions
- Moyer v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1973
- Select Base Materials, Inc. v. Board of EqualizationCalifornia Supreme Court · 1959
- People v. FriersonCalifornia Supreme Court · 1979
- People v. KarisCalifornia Supreme Court · 1988
- People v. BabbittCalifornia Supreme Court · 1988
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3Cited by18 opinions
- People v. StandishCalifornia Supreme Court · 2006
- In re Humphrey, California Court of Appeal, 5th District2018
- Gray v. Superior CourtCalifornia Court of Appeal · 2005
- Kairy v. SuperShuttle InternationalCourt of Appeals for the Ninth Circuit · 2011
- In re WebbCalifornia Supreme Court · 2019
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