Younghans v. State
| Decision Date | 31 October 1956 |
| Citation | 90 So.2d 308 |
| Parties | Samuel A. YOUNGHANS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida Supreme Court |
Robert C. Lane and Curtiss B. Hamilton, Miami, for appellant.
Richard W. Ervin, Atty. Gen., and Joseph P. Manners, Asst. Atty. Gen., for appellee.
This is an application for bail pending an appeal to this court from a judgment convicting appellant of a criminal offense, the appellant having been unsuccessful in the trail court in obtaining his release on bail pending the appeal.
Section 9, Declaration of Rights, of the Florida Constitution, F.S.A., provides that 'All persons shall be bailable by sufficient sureties, except for capital offenses where the proof is evident or the presumption great.' But it was early settled in the jurisprudence of this State that admission to bail, after conviction, is not a matter of right but rests in the sound judicial discretion of the trial court. (And see Ch. 29932, Laws 1955, Section 903.01, Fla. Stat.1955, F.S.A., which we interpret to be a legislative declaration of the rule developed by judicial decision.) The exercise of a sound judicial discretion in this respect means that "the adjudication is to be governed by a given standard of judicial action,' In re Jeffries' Estate, 136 Fla. 410, 181 So. 833, 838, and such discretion implies 'judgment directed by circumspection,' to be exercised in the light of the facts and circumstances of each particular case. Towle v. State ex rel. Fisher, 3 Fla. 202, 214; Dixie Music Co. v. Pike, 135 Fla. 671, 185 So. 441, 447.' Floyd v. State, Fla.1955, 79 So.2d 778, 780. We do not find, however, that this court has heretofore established a clear "standard of judicial action" by which trial courts may be guided in the exercise of their discretion as to admitting to bail after conviction.
An excellent discussion of the question of admission to bail after conviction appears in United States v. Motlow, 7 Cir., 10 F.2d 657, 662. It was there stated by Mr. Justice Butler, sitting as Circuit Justice, that if an appeal is taken 'merely for delay, bail should be refused; but, if taken in good faith, on grounds not frivolous but fairly debatable, in view of the decisions of the Supreme Court, then petitioners should be admitted to bail.' It was also said in that case that, in determining whether an appeal is frivolous and taken only for delay, consideration may be given to 'the character of the case, the trial, and the assignments of errors.'
We think the above quoted statement by Mr. Justice Butler is a fair and reasonable "standard of judicial action" and suggest that the trial courts apply it in deciding whether the ends of justice require that a person be imprisoned during the pendency of an appeal. Of course, the purpose of bail is to secure the attendance of the accused to answer the charge...
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Rodriguez v. State, 82-262
...allowed bail following an adjudication is, with certain exceptions, a matter within the discretion of the trial judge. See Younghans v. State, 90 So.2d 308 (Fla.1956). Where, as here, the trial judge exercises his discretion and determines that a defendant need not be incarcerated while awa......
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Amendments to the Florida Rules of Appellate Procedure
...lower tribunal's order must contain a statement of facts as well as the reasons for the action taken, in accordance with Younghans v. State, 90 So.2d 308 (Fla.1956). Subdivision (e)(4) allows review only by motion so that no order regarding post-trial relief is reviewable unless jurisdictio......
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AMEND. TO FLA. RULES OF APPELLATE PROC.
...lower tribunal's order must contain a statement of facts as well as the reasons for the action taken, in accordance with Younghans v. State, 90 So.2d 308 (Fla.1956). Subdivision (e)(4) allows review only by motion so that no order regarding post-trial relief is reviewable unless jurisdictio......
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Florida Rules of Criminal Procedure., In re
...review of the conviction, at the discretion of either the trial or appellate court, applying the principles enunciated in Younghans vs. State (Fla.1956), 90 So.2d 308, provided, that a person may be denied bail upon appeal from conviction of a felony if such person had previously been convi......
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Criminal law
...of the conviction, at the discretion of either the trial or appellate court, applying the principles enunciated in Younghans v. State , 90 So. 2d 308 (Fla. 1956). However, no defendant may be admitted to bail on appeal from a conviction of a felony unless the defendant establishes that the ......