Bolton v. Irvin
Annotate this CaseDefendant was charged with several offenses. Defendant entered a plea of not guilty to all charges, and the district court set his bail at $10,000. At the preliminary hearing, the district court made a finding of probable cause and then increased Defendant's bail to $100,000. Defendant subsequently filed a petition for a writ of habeas corpus in circuit court, arguing that his bond was increased without the benefit of a formal hearing as required by statute. The circuit court granted the petition, ordering that Defendant's bond be reduced to $10,000 unless the district court held a hearing or the case was transferred to circuit court. After the director of metro corrections filed an appeal, the grand jury returned an indictment against Defendant on the charges, and the circuit court set Defendant's bond at $10,000 in an arraignment order. The court of appeals then dismissed the director's appeal as moot. The Supreme Court reversed, holding (1) this case was not moot because the issue was one capable of repetition yet evading review; and (2) the district court may increase the amount of a defendant's bail following a preliminary hearing, where the only change in circumstances is the court's finding of probable cause.
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