C.A.F. v. State

Don Waggoner

Case Conclusion Date: March 7, 2008

Practice Area: Juvenile

Outcome: Writ of Habeas Corpus Granted

Description: This was a writ of Habeas Corpus for a juvenile who been unlawfully ordered to comply with certain restrictive conditions of release pending trial. The juvenile had not been arrested and had appeared as ordered. These conditions of release were being ordered on all juveniles in the circuit, regardless of whetehr they had been arrested or just given a notice to appear. The Writ of Habeas Corpus was filed challenging the legality of these release requirements, which were just short of home detention. The Court of appeals agreed that the court had no authority to order such restrictions and vacated the judge's order. This caused a substantial change in the way the 9th Circuit treated juveniles, as well as in other circuits around the state.

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