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ARTHUR, ED, AND MICHAEL.

By "Captain Liberty" and "Rumpole"

Before we begin, an update courtesy of a reader, on the issue of Arthur hearings being held before an information is filed: Anonymous said...In Cordarius Benjamin v. State, Case No 10-1801, defendant filed writ of habeas corpus on July 14 to require Judge Fernandez to hold an Arthur hearing immediatly before 21 days had run or an information had been filed. Two days later, the Third District ruled:The emergency petition for writ of habeas corpus is granted only in that an Arthur hearing shall be conducted whether or not an information has been filed. The petition is otherwise denied. SHEPHERD and SALTER, JJ., and SCHWARTZ, Senior Judge, concur. Rumpole notes: Not an auspicious start in Circuit Court for young Judge Fernandez. No Judge should hold a defendant in jail without a hearing when the defendant's counsel is vigorously seeking a hearing...continue to full post

Full post as published by Justice Building Blog on September 15, 2010 (boomark / email).