#LOUISIANA FIFTH CIRCUIT COURT OF APPEALS FREE#

#LOUISIANA FIFTH CIRCUIT COURT OF APPEALS FREE#

The Court squarely rejected the claim that there is a fundamental right to be free from wealth-based discrimination (i.e., a right to an affordable bail): вЂњA brief summary of what we have decided so far. In this case, they decided to swing for the fences like Carlton Fisk and once again trying to wave it fair, even as Judge Southwich pointed out, most of their requests were foreclosed in the Fifth CircuitвЂ™s decision in the ODonnell v. In other words, if you can afford bail, you post it with cash, property or surety and get out, and if you canвЂ™t, you get out anyway вЂ“ and that way things are equal. On the lucky front, they occasionally get federal judges to flirt with this idea that the right to bail equals an absolute right to release. As Judge Southwich put it in the Daves case, вЂњThe current Plaintiffs want more.вЂќ That should come as no surprise-the lawyers representing the Plaintiffs, the Civil Rights Corps, always want more. Plaintiffs in the case, the Civil Rights Corp, have filed a number cases challenging stateвЂ™s bail systemsвЂ¦having litigated well and sometimes just getting lucky. Under the old system bails were set by a bail schedule with little or sometimes no timely consideration of ability to pay or alternatives to monetary bail. In that case, a federal judge issued an injunction that Dallas CountyвЂ™s previous bail procedures, like in Harris County, Texas, were unconstitutional due to inability of defendants to timely assert their indigence or seek alternatives to bail. Court of Appeals for the Fifth Circuit, which covers Texas, Louisiana, and Mississippi, issued an opinion on December 28, 2020, in the case of Daves v. Court of Appeals for the Fifth Circuit Affirms No Right to Affordable Bail Regulated Public and Private Bail Funds.Improving regulation regarding bail agents and recovery agents.Protecting the Right to Personal Surety.Protecting the Constitutional Right to Bail.Performance of Pretrial Release Methods.

Louisiana fifth circuit court of appeals