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3rd DCAJuly 24, 2024Petition Granted⭐ Notable

Romero v. Green

Case No. 3D2024-0507

In a habeas proceeding arising from first-appearance bond rulings, the Third DCA held that the 2024 version of section 907.041(5)(b), Florida Statutes, barring nonmonetary pretrial release at first appearance for enumerated crimes, remains purely procedural and unconstitutionally infringes on the Florida Supreme Court's exclusive rulemaking authority under State v. Raymond. The court first held it retained jurisdiction despite petitioners' release from custody, invoking the 'capable of repetition yet evading review' exception to mootness after having dismissed three prior identical petitions as moot. Judge Lindsey dissented, arguing the petition should be dismissed as moot.

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