Yedinak v. Superior Court
Annotate this CaseNicholas Yedinak petitioned for mandamus relief, challenging the trial judge’s order denying him bail. Yedinak was charged with two counts of felony child abuse based on allegations he inflicted severe, nonaccidental injuries to his six-week-old son. For the two years and nine months after arraignment, Yedinak had been out on bail, making each court appearance and living in the community without incident. After his preliminary hearing, the judge issued a pretrial detention order based on a finding that other children in the community would probably not be safe if Yedinak were released pending trial, given the violent nature of the charged crimes. In support of his petition, Yedinak argued the order failed to satisfy the legal requirements for pretrial detention articulated in article I, section 12, subdivision (b) of the California Constitution, and In re Humphrey, 11 Cal.5th 135 (2021). The Court of Appeal concluded the trial court's order "fell short of the standard set forth in section 12(b)." The Court granted Yedinak's petition, ordering the trial court to vacate its pretrial detention order, and to reconsider the motion to set affordable bail.
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