State v. Mark Sterling

Summary

The Court reversed the order holding defendant without bail and remanded for a prompt hearing to impose conditions of release. It held that aggravated stalking, including the weapon-possession variant charged here, is not a felony whose elements involve an act of violence for purposes of the hold-without-bail statute and constitutional provision. Independently, the State failed to prove by clear and convincing evidence that defendant posed a substantial threat of physical violence that could not be managed through release conditions.