Rodriguez v. Sandstrom

HUBBART, Judge.

This is an original petition for a writ of habeas corpus brought by a witness who is presently restrained of her liberty in a county jail as a material witness in a first degree murder investigation. We have jurisdiction to entertain this petition. Art. V, § 4(b)(3); Ch. 79, Fla.Stat. (1979).

The central question presented for review is whether a circuit court has the inherent or statutory authority to hold a necessary and material witness in jail [in lieu of bail] to assure the witness’ appearance pursuant to subpoena in a state attorney investigation under Section 27.04,…