Legal Opinion

Capestany v. State

Court of Appeals of Georgia

Decided December 19, 2007No. A07A2323PublishedCited by 5 opinions

1Opinion of the Court

Ellington, Judge.

Pursuant to a granted interlocutory appeal, Carlos Capestany, Melva Hernandez, Raul Dominguez, and Saul Flores-Romero seek to appeal the denial of their petitions for pretrial bail, contending that they are entitled to immediate release on their own recognizance because they did not have “first appearance” hearings and bail hearings within the time required by law. For the following reasons, we affirm.

“The granting or denial of bail will not be set aside unless there is a manifest and flagrant abuse of discretion.” (Citation omitted.) Ayala v. State, 262 Ga. 704, 705 (425…

2Cases cited19 opinions

  1. County of Riverside v. McLaughlinSupreme Court of the United States · 1991
  2. State v. MiddlebrooksSupreme Court of Georgia · 1976
  3. Dean v. StateSupreme Court of Georgia · 1982
  4. Vaughn v. StateSupreme Court of Georgia · 1981
  5. Ayala v. StateSupreme Court of Georgia · 1993

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

3Cited by5 opinions

  1. Chase v. StateCourt of Appeals of Georgia · 2008
  2. Ashiq v. WhittleDistrict Court, S.D. Georgia · 2024
  3. Lyons v. WhittleDistrict Court, S.D. Georgia · 2024
  4. Watts v. WhittleDistrict Court, S.D. Georgia · 2024
  5. Yancey v. StateCourt of Appeals of Georgia · 2009

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