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Dunn v. Edwards

The trial court properly denied defendant's bond request after he failed to meet his burden of demonstrating his community ties.

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Torrance Dunn was arrested and charged with malice murder and felony obstruction of justice. The trial court denied his request for bond and Dunn brought this habeas action challenging that decision. Because Dunn failed to offer evidence indicating roots in the community, the habeas court did not err in denying relief. Therefore, we affirm.

1. In Ayala v. State,1 this Court addressed the burden of proof required in a pretrial bond hearing. Initially, the defendant bears the burden of producing evidence that he does not pose a significant risk to flee, threaten the community, commit another crime, or intimidate witnesses.2 To meet this burden, the defendant must first present evidence showing his roots in the community.3 The Court stated in Ayala that evidence demonstrating ties to the community would include “the length and character of residence in the community, employment status and history, past history of responding to legal process, and prior criminal record.”4 Once the defendant has satisfied this burden, the burden of production shifts to the State. If the defendant fails to produce sufficient evidence, the State may not be required to produce any evidence.5 However, the State always retains the burden of persuasion that the defendant is not entitled to pretrial release.

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