In re White

Petitioner Christopher White was in custody awaiting trial on charges of attempted kidnapping with intent to commit rape, assault with intent to commit rape, contact with a minor with intent to commit a sexual offense, and false imprisonment. At his preliminary hearing, White requested release on reasonable bail. The California Constitution provided that a defendant "shall be released on bail by sufficient sureties" unless an exception applies. One exception covered "[f]elony offenses involving acts of violence on another person, or felony sexual assault offenses on another person, when the facts are evident or the presumption great and the court finds based on clear and convincing evidence that there is a substantial likelihood the person's release would result in great bodily harm to others." The trial court recognized that it was "unusual" to deny bail for a noncapital offense, but it nonetheless found that the exception applied. White applied for habeas relief to challenge the trial court’s order, asserting the court erred by finding that the constitutional exception applied. Viewed as a whole, and even given its deferential standard of review, the Court of Appeal found the trial court record “tests the bounds of what would sustain an order remanding a defendant without bail under the California Constitution.” But, after thorough consideration, the Court concluded the evidence was sufficient to support the remand order here. The trial court could reasonably find that White acted so brazenly, so inexplicably, and so without regard for the laws and norms of society that there would be a substantial likelihood that his release would result in great bodily harm to others. The Court therefore denied White’s petition. View "In re White" on Justia Law