Commonwealth v. Duse

The circuit court erred in granting Defendant, who was charged with first-degree murder, pre-trial bail.Because Defendant was charged with first-degree murder, for which the maximum sentence was life imprisonment, the circuit court was required to presume, subject to rebuttal, that no condition or set of conditions will reasonably assure Defendant’s appearance or the safety of the public. Based on its findings, the circuit court granted Defendant’s motion for bail. The Supreme Court reversed, holding that the circuit court abused its discretion by (1) applying the doctrine of presumed innocence to a pre-trial bail hearing; (2) finding that the brutal and calculated circumstances of the murder were outweighed by the absence of any threat to any other individuals; (3) speculating that Defendant was “unlikely” to abscond because of his age; and (4) discounting and according no weight to Defendant’s prior history of mental health disorders. View "Commonwealth v. Duse" on Justia Law