"The 3rd DCA sits next to the FIU campus in Kendall and NOT at the crossroads of 12th street and 13th avenue..."
which is sort of what this opinion -which everyone is talking about- from the 3rd seems to say.
Or to put it another, simpler way: trial judges of equal jurisdiction DO NOT have the authority to modify a bond or conditions of release that have been set by another judge.
The facts: When the opinion starts out: "Hall is a violent felony offender who was charged with one count of lewd and lascivious molestation on a child ages 12-16, aggravated battery with a deadly weapon, three counts of child abuse with no great bodily harm, and one count of harassing a victim/witness in a second-degree felony" you know you have a problem.
Hall pled to prison plus probation. Once released, Hall used that most criminally nefarious of networks- Facebook- to attempt to contact the 16 year old daughter of a former girlfriend. Going before Judge Rebull, the prosecution moved to revoke Hall's probation and have him held without bond because of a 2009 permanent DV injunction prohibiting Hall from "directly or indirectly" attempting to contact the victim.
Judge Rebull granted the motion and Hall was taken into custody. The next day the defense team filed a motion to dismiss the affidavit and release Hall, arguing that the use of Facebook to contact the girl did not constitute even an indirect attempt to contact the victim.
Timing is everything in life. If Kennedy wasn't in Dallas in November of 1963, perhaps we wouldn't have had the Vietnam war. If Lincoln was tired and didn't want to go to the theater that fateful night, then perhaps he would have finished his second term and enjoyed the peace he had finally achieved. And if Judge Rebull hadn't taken the day off the next day (update: to attend a very important judicial conference/college/whatever) after ordering Hall taken into custody, and if Judge Milton Hirsch hadn't thoughtfully agreed to sit in for Judge Rebull and cover his calendar (update: because he was the designated weekly emergency judge- and talk about bad timing with that!), then surely we wouldn't have the decision in Hall v. Ryan, et. al.
Judge Hirsch released Hall, and the very next day, on the State's motion, Judge Rebull threw Hall back in the can.
"Rule 3.131(d)(1)(B), Florida Rules of Criminal Procedure, controls. This rule provides, in relevant part:
No judge or court of equal or inferior jurisdiction may modify or set a condition or release...
Judge Hirsch, the alternate judge in this case, was thus without the authority to alter Hall’s bail status under rule 3.131(d)(1)(B)....."
Moral of the Story: Kennedy and Lincoln should have stayed home and Judge Rebull should have gone to work the day after ordering Hall taken into custody for the first time.
See You In Court.