Brief Brief Wheeler v. State, 160 Md.App. 566 (2005)
Issue: Bond hearing preventative detention.
QUOTE:
“It is often stated that “[t]he setting of bail is within the sound discretion of the trial court.” See e.g., Sykes v. Warden, 201 Md. 662, 662, 93 A.2d 549, cert. denied, 345 U.S. 937, 73 S.Ct. 799, 97 L.Ed. 1364 (1953). While that statement is accurate with respect to the judicial officer’s selection of appropriate conditions of release, the decision to impose “preventive detention” does not involve the exercise of “discretion.” As stated above, “preventive detention” based on the fact that the defendant poses a danger, requires proof of that fact by “clear and convincing” evidence. Unless persuaded by clear and convincing evidence that the defendant is a danger to another person or to the community, a judicial officer does not have “discretion” to conclude that the defendant is too dangerous to be released pending trial.” Id. at 580.
Practitioner Note: To be clear and convincing, evidence should be “clear” in the sense that it is certain, plain to the understanding, and unambiguous and “convincing” in the sense that it is so reasonable and persuasive as to cause one to believe it.
Like this:
Like Loading...
About Site Administrator: Paul Notarianni
Feel free to view and download any of the content on this site IF you accept the following conditions:
1) You agree to not forward or distribute any of the content of this site for profit or financial gain.
2) You understand that this site and all of its content is for informational purposes only.
3) You understand that the Western Maryland Advocate is not an advertisement, no legal services of any kind are being offered.
4) You understand that no attorney-client relationship exists simply by nature of viewing this site and downloading/viewing its contents.
5) You understand that nothing on this site or downloaded from it should be used as an alternative to discussing your case with a competent licensed attorney in your particular jurisdiction.
6) You understand that the Western Maryland Advocate is an independent experiment. In other words, this site is in no way, whatsoever, affiliated with any government agency or law firm.
7) You understand that no warranty or guarantee is made that the information on this site or the content posted on it is accurate, up to date, or current.
8) You understand that the Western Maryland Advocate is not responsible for the content on any associated link or advertisement.
Paul J. Notarianni is the administrator for the Western Maryland Advocate. He is licensed to practice law in the State of Maryland and may be contacted at Paulnotarianni@gmail.com
The Western Maryland Advocate 