noting an anomaly in original actions which seek habeas corpus relief for excessive bail, the effect of which is an appeal from the trial court, but as an original action permits hearings and findings of fact
How later courts described this case
- noting an anomaly in original actions which seek habeas corpus relief for excessive bail, the effect of which is an appeal from the trial court, but as an original action permits hearings and findings of fact
- “It is well established that habeas corpus is the proper remedy to raise the claim of excessive bail.”
Written by the judges who cited it.
The opinion
Day, J.,
concurring. I concur in the opinion and judgment of the court. However, I add a caveat. Abuse of discretion by the trial court is never an issue in an original action brought in the Court of Appeals to challenge the legality of a bond set by the trial judge in a criminal case. This was not an appeal. The Court of Appeals was trying the issue de novo. It had ;to exercise its own pristine judg *275 ment with respect to the requisite bond. Any contrary implication read into the court’s opinion is misplaced.
Herbert, J., concurs in the foregoing concurring opinion.