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SISSELMAN v. STATE EX REL ARTHUR

By "Captain Liberty" and "Rumpole"

What do sharp and experienced lawyers do when they're not in trial or taking depositions? They challenge assumptions.That's what PD David Sisselman is doing. He emailed us an analysis of the (in)famous Arthur case that is the basis for Arthur Hearings throughout the State. State v. Arthur, 390 So.2d 717 (Fla. 1980).Submitted for our review, and yours, is this language, repeated twice throughout the opinion:We answer the questions by holding, (1) that when a person accused of a capital offense or an offense punishable by life imprisonment seeks release on bail, it is within the discretion of the court to grant or deny bail when the proof of guilt is evident or the presumption great; and, (2) that before the court can deny bail the state must have carried the burden ofestablishing that the proof of guilt is evident or the presumption great...continue to full post

Full post as published by Justice Building Blog on September 13, 2010 (boomark / email).