Romero v. Green
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.
Key facts
- Petitioners challenged bond rulings at their first appearance in criminal cases, seeking habeas relief from detention orders issued under the 2024 version of Florida Statute section 907.041(5)(b), which prohibits nonmonetary pretrial release at first appearance for enumerated offenses.
- The trial court (or first-appearance judge) applied section 907.041(5)(b) to deny petitioners nonmonetary release conditions, resulting in their continued detention; petitioners were subsequently released from custody during the habeas proceedings.
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Why it matters
Although arising in a criminal-habeas posture, the opinion supplies a well-documented survey of the mootness exception across all five DCAs and the Florida Supreme Court that civil appellate counsel can cite when an… — full analysis with a trial
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