Clark v. Superior Court

Article I, section 12 of our Constitution provides: “A person shall be released on bail by sufficient sureties, except for: [f] (a) Capital crimes when the facts are evident or the presumption great; . . .” Petitioner Eric Deon Clark has been charged with a special circumstance murder, although the district attorney stated in writing that he would not seek the death penalty against Clark. Citing In re Freeman (1980) 102 Cal.App.3d 838 [ 162 Cal.Rptr. 423 ], the superior court held it lacked jurisdiction to conduct a bail hearing in this case because Clark had been indicted for a crime which could have warranted the death penalty. We believe the superior court read Freeman too broadly; under our Constitution, trial courts must determine whether “the facts are evident or the presumption great.” We therefore direct the superior court to conduct a bail hearing in this case.

Facts

Clark was indicted for, inter alia, murder committed during a commercial burglary and robbery. The indictment alleged that the burglary and robbery were “special circumstances” under Penal Code section 190.2. After petitioner was arraigned, the prosecutor sent a letter to Clark’s counsel stating…