In re Brown

Filed 3/14/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

In re B313533

KERNELL BROWN, (Los Angeles County Super. Ct. No. BA480693)

on Habeas Corpus.

ORIGINAL PROCEEDINGS on petition for writ of habeas corpus. Lynne M. Hobbs, Judge. Petition granted. Kernell Brown, in pro. per.; and John P. Dwyer, under appointment by the Court of Appeal, for Petitioner. George Gascón, District Attorney, Tracey Whitney, Grace Shin and Elizabeth Marks, Deputy District Attorneys, for the People. __________________________ In In re Humphrey (2021) 11 Cal.5th 135 (Humphrey) the Supreme Court held conditioning pretrial release from custody solely on whether an arrestee can afford bail is unconstitutional. When nonmonetary conditions of release would be inadequate to protect public and victim safety and to ensure an arrestee’s appearance at trial and a financial condition is necessary, the trial court “must consider the arrestee’s ability to pay the stated amount of bail—and may not effectively detain the arrestee ‘solely because’ the arrestee ‘lacked the resources’ to…