Judges and Judiciary,
Criminal
Jul. 19, 2023
Difficult Humphrey bail findings can be easier to make
Bail rulings are often difficult and impact many lives, but using a checklist as a guide makes them easier to make correctly and promotes a better record.
In a recent opinion, the appellate court reversed a trial court's no-bail order. (Yedinak v. Superior Court of Riverside County (2023 DJDAR 6231.) Like many post-Humphrey reversals, the trial court failed to articulate necessary findings to justify the decision. (See In re Humphrey (2021) 11 Cal. 5th 135.) Why does this repeatedly happen?
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