Lindsey v. Gualtieri
The Second DCA granted habeas relief after a first-appearance judge, presiding over a defendant's new arrest, sua sponte revoked his bond in a separate, already-pending case assigned to a different judge — directly contrary to the court's prior decisions in Benoit v. Hoffman and Little v. Gualtieri. The first-appearance judge had reasoned those precedents were wrongly decided because they relied on procedural rules rather than the bail statute, and declared she was not bound by them.
Key facts
- Defendant was arrested on new charges and appeared before a first-appearance judge, who sua sponte revoked his bond in a separate, already-pending case that was assigned to a different judge.
- The first-appearance judge reasoned that prior Second DCA precedent (Benoit v. Hoffman and Little v. Gualtieri) was wrongly decided and declared she was not bound by those decisions.
- +2 more key facts with a free trial
Why it matters
This opinion is a sharp reminder to trial courts of their obligation to follow binding DCA precedent regardless of disagreement with its reasoning, and reaffirms that procedural rules promulgated by the Florida Supreme… — full analysis with a trial
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