Polk v. State
Polk sought mandamus relief after the trial court, having found proof of guilt evident and presumption great in a life-felony case, refused to conduct Phase Two of an Arthur bail hearing and would not let him present evidence of his amenability for pretrial release. The Third DCA, on the State's concession of error, granted the petition, holding that once the State satisfies its Phase One burden, the defendant is still entitled to present evidence at a Phase Two hearing addressing his suitability for release, and ordered a new hearing before a different judge.
Key facts
- Polk, charged with a life felony, sought mandamus relief after the trial court found proof of guilt evident and presumption great but refused to conduct Phase Two of an Arthur bail hearing or allow him to present evidence of his amenability for pretrial release.
- The trial court treated Phase Two of the Arthur hearing as discretionary and declined to hear defense evidence on Polk's suitability for release despite the State satisfying its Phase One burden.
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Why it matters
This opinion reinforces and clarifies the two-phase structure of Arthur bail hearings in life-felony cases, confirming that a defendant's right to present evidence on amenability to release is not discretionary once the… — full analysis with a trial
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