State v. Smith (2 Order on Petition)Annotate this Case
The Supreme Court dismissed this petition for certification to appeal from an order of the Appellate Court affirming the order of the trial court denying Defendant's motion for bond modification, holding that three related concerns inform the Court's decision not to exercise jurisdiction over Defendant's claims.
Defendant moved for modification of his $250,000 bond and an order granting his release on a promise to appear, asserting that his asthma and sleep apnea put him at a heightened risk of serious consequences should he contract COVID-19. The lower courts denied relief. The Supreme Court affirmed, concluding (1) the procedural posture of this case would require the Court to exercise jurisdiction on grounds that were not raised by Defendant; (2) the record was devoid of evidence regarding the nature and degree of the risk Defendant claimed was heightened by his detention at a correctional facility; and (3) the fact that Defendant provided no information regarding the scope of the problem among other pretrial detainees was problematic.