section 907.041(4) requirement of pretrial detention (Florida) · Go Syfert
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section 907.041(4) requirement of pretrial detention in Florida

11 Florida opinions name it 2 courts 1992–2026 1 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Houser v. Manninggreen
fladistctapp · 1998 · cited in 4 Florida opinions naming this issue, 1999–2001
2 sentences

2001In so holding, the Fourth District certified conflict with Houser v. Manning, 719 So.2d 307, 309 (Fla. 3d DCA 1998), in which the Third District held that once a defendant violates a bond condition, the question as to whether to grant pretrial release is addressed to the discretion of the trial court without regard to the pretrial detention criteria in section 907.041.

2000See Houser, 719 So.2d at 309 (suggesting that Merdian was litigated on "the unexamined assumption that the only basis for refusing readmission to bond would be if the defendant qualified for pretrial detention under section 907.041.").

24
Blair v. Stategreen
fladistctapp · 2009 · cited in 2 Florida opinions naming this issue, 2011–2011
2 sentences

2011Blair v. State, 15 So.3d 758, 759 (Fla. 4th DCA 2009) (“A pretrial detention order must contain findings of fact and conclusions of law showing that the constitutional and statutory criteria for pretrial detention are met.

2011Blair v. State, 15 So.3d 758, 759 (Fla. 4th DCA 2009), approved, 39 So.3d 1190 (Fla.2010).

22
Gomez v. Hinckleygreen
fladistctapp · 1985 · cited in 2 Florida opinions naming this issue, 1992–1999
2 sentences

1999As Houser observes, we discussed the statutory and constitutional authority of courts to withhold bail in Gomez v. Hinckley, 473 So.2d 809 (Fla. 4th DCA 1985).

1992See also Gomez v. Hinckley, 473 So.2d 809 (Fla. 4th DCA 1985).

12
Mininni v. Gillumgreen
fladistctapp · 1985 · cited in 1 Florida opinions naming this issue, 2026–2026
1 sentence

2026See, e.g., Mininni, 477 So. 2d at 1015 . 8 The instant case, by contrast, involves the State’s motion for pretrial detention pursuant to section 907.041(5)(d), which is premised upon the second clause of Article I, section 14 of the Florida Constitution: “If no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained.” There is nothing in the plain language of 907.041(5)(d), or its procedural counterpart, Florida Rule of Criminal Pro

11
Resendes v. Bradshawgreen
fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2018–2018
1 sentence

2018As such, Mr. Sardinas contends that “[w]hen the State does not file a motion for pretrial detention a court ‘is not authorized to impose pretrial detention.’” Resendes v. Bradshaw, 935 So. 2d 19, 20 (Fla. 4th DCA 2006).

11
Paul v. Jennegreen
fladistctapp · 1999 · cited in 1 Florida opinions naming this issue, 2001–2001
2 sentences

2001See Paul, 728 So.2d at 1172 .

2001In determining that Paul qualified for pretrial detention, the trial court relied on section 907.041(4)(b)4.b. and remanded Paul into custody. [4] See Paul, 728 So.2d at 1168 .

11
Merdian v. Cochrangreen
fladistctapp · 1995 · cited in 1 Florida opinions naming this issue, 1998–1998
1 sentence

1998See 654 So.2d at 575 -76 & n. 2.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
State v. Blair green
fla · 2010
1 sentence

2011Blair v. State, 15 So.3d 758, 759 (Fla. 4th DCA 2009), approved, 39 So.3d 1190 (Fla.2010).

12011–2011
Nguyen v. State green
fladistctapp · 2006
1 sentence

2006Precedent emanating from this court, see Nguyen v. State, 925 So.2d 435 (Fla. 5th DCA 2006), and Griffith v. State, 914 So.2d 1053 (Fla. 5th DCA 2005), and from the Second District Court, see Golden v. Crow, 862 So.2d 903 (Fla. 2d DCA 2003), holds that it is.

12006–2006
Golden v. Crow green
fladistctapp · 2003
1 sentence

2006Precedent emanating from this court, see Nguyen v. State, 925 So.2d 435 (Fla. 5th DCA 2006), and Griffith v. State, 914 So.2d 1053 (Fla. 5th DCA 2005), and from the Second District Court, see Golden v. Crow, 862 So.2d 903 (Fla. 2d DCA 2003), holds that it is.

12006–2006
Griffith v. State green
fladistctapp · 2005
1 sentence

2006Precedent emanating from this court, see Nguyen v. State, 925 So.2d 435 (Fla. 5th DCA 2006), and Griffith v. State, 914 So.2d 1053 (Fla. 5th DCA 2005), and from the Second District Court, see Golden v. Crow, 862 So.2d 903 (Fla. 2d DCA 2003), holds that it is.

12006–2006

Statutes the citing opinions construe

FL § 907.041 (11) FL § 903.046 (4) FL § 903.047 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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