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Pullin v. Dorsey

The trial court could raise defendant's bail from $100,000 to $750,000 upon being informed that he had prior felony convictions, that he might intimidate a witness to the murder and that he lost his job following his arrest.

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Arrested for the murder of his former wife, Pullin was incarcerated for more than 90 days without being indicted. After a hearing pursuant to OCGA § 17-7-50, he was granted bail in the amount of $100,000, which he posted. Eight days after Pullin’s release on bail, the trial court conducted a hearing at the request of the State to reconsider the granting of bail. It became clear at that hearing that a misapprehension had arisen at the first hearing regarding the state of Pullin’s employment. The State also informed the court prior to the end of the second bail hearing that Pullin had been reindicted for felony murder and had also been indicted for several other offenses arising from the shooting. The trial court increased the bail to $750,000. Pullin filed a petition for habeas corpus, the denial of which is the subject of this appeal.

The basis for Pullin’s habeas corpus petition was that bail in the amount of $750,000 is excessive. We recently held in Mullinax v. State, 271 Ga. 112 2 515 SE2d 839 1999, that excessive bail, prohibited by the Georgia Constitution Ga. Const.1983, Art. I, Sec. I, Par. XVII and the Eighth Amendment to the U.S. Constitution, is bail set at an amount higher than that reasonably calculated to insure the presence of the defendant; that the foremost consideration when fixing bail is the probability that the accused, if freed, will appear at trial; and that the amount of bail assessed is within the sole discretion of the trial court and will not be overturned absent a clear abuse of discretion.

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