California Supreme Court

In re Humphrey

March 25, 2021276 Cal. Rptr. 3d 232

Summary

The California Supreme Court affirmed the Court of Appeal's order granting Kenneth Humphrey a new bail hearing, holding that pretrial detention cannot be imposed solely because a defendant cannot afford bail. The Court required courts to consider a defendant's ability to pay and any less restrictive release conditions, and to find clear and convincing evidence that no such alternatives would protect public safety or ensure appearance.