Richardson v. St. Lawrence
Annotate this CasePetitioner Devon Richardson appealed the denial of his habeas corpus petition in which he sought to be released on bail pending his trial on criminal charges. Petitioner was arrested December 9, 2008 in New York for the murder of Carl Joyner in Chatham County. He was thereafter held in custody. Because the murder charge was not heard by a grand jury within 90 days of the arrest, the trial court was required to set a bond for Petitioner. On March 18, 2009, the court set bond at $50,000. Later Petitioner was indicted for numerous crimes stemming from Joyner’s death. On March 31, the court filed the bond order and issued a bench warrant for the new charges. On June 19, 2009, the court denied bond. One year later, Petitioner sought a habeas petition seeking release because the bond issued in early March 2009 applied to the new charges. State law requires a trial court to grant bail only on crimes for which the defendant has been incarcerated for 90 days without having those charges heard by a grand jury, and not on other crimes with which the defendant is later charged. The Supreme Court finding no error affirmed the habeas court’s decision.
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