Gardner v. State
The Fourth DCA granted habeas relief where the trial court denied bond in an attempted first-degree murder case without allowing the defendant to present his roughly dozen witnesses on amenability to release. The court reiterated that the proof required to deny bond under Arthur is greater than proof beyond a reasonable doubt, and remanded for a full Arthur hearing where the defendant may present witnesses on both prongs.
Key facts
- Gardner was charged with attempted first-degree murder, an offense punishable by life imprisonment.
- The trial court denied bond without allowing Gardner to present approximately a dozen witnesses regarding his amenability to release.
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Why it matters
Useful authority for defense counsel litigating no-bond holds in life-punishable cases: it confirms the heavy 'proof evident, presumption great' standard exceeds beyond-a-reasonable-doubt and that trial courts cannot… — full analysis with a trial
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