In re Humphrey
California Supreme Court
482 P.3d 1008 (2021)

- Written by Kate Douglas, JD
Facts
Kenneth Humphrey (defendant), who was elderly, unemployed, and a convicted felon, was charged with several crimes, including robbery. The trial court set Humphrey’s bail at $350,000. The trial court did not first consider whether Humphrey could afford that amount. The trial court also failed to consider whether, if Humphrey could not afford bail, less restrictive means would adequately protect the state’s interests pending trial. The court of appeal reversed and ordered a new bail hearing. Following that hearing, the trial court ordered Humphrey’s release on several nonmonetary conditions, including electronic monitoring and participation in a substance-abuse program. On its own motion, the California Supreme Court granted review to address the constitutionality of California’s bail system.
Rule of Law
Issue
Holding and Reasoning (Cuéllar, J.)
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