Preview:

RE103/18/2011

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions,
Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.
ALABAMA COURT OF CRIMINAL APPEALS
OCTOBER TERM, 2010-2011
CR-10-0334
Ex parte Rodney Wayne Patterson PETITION FOR WRIT OF HABEAS CORPUS (In re: State of Alabama v. Rodney Wayne Patterson)
Lawrence Circuit Court
(CC-10-84)
PER CURIAM.
The petitioner, Rodney Wayne Patterson, filed this petition for a writ of habeas corpus requesting that we reinstate his original bail, which had been revoked. In October 2009, Patterson was arrested for attempted murder; his



RE103/18/2011

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CRIMINAL APPEALS
OCTOBER TERM, 2010-2011
CR-10-0334
Ex parte Rodney Wayne Patterson PETITION FOR WRIT OF HABEAS CORPUS (In re: State of Alabama v. Rodney Wayne Patterson)
Lawrence Circuit Court
(CC-10-84)
PER CURIAM.
The petitioner, Rodney Wayne Patterson, filed this petition for a writ of habeas corpus requesting that we reinstate his original bail, which had been revoked. In October 2009, Patterson was arrested for attempted murder; his



RE103/18/2011

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CRIMINAL APPEALS
OCTOBER TERM, 2010-2011
CR-10-0334
Ex parte Rodney Wayne Patterson PETITION FOR WRIT OF HABEAS CORPUS (In re: State of Alabama v. Rodney Wayne Patterson)
Lawrence Circuit Court
(CC-10-84)
PER CURIAM.
The petitioner, Rodney Wayne Patterson, filed this petition for a writ of habeas corpus requesting that we reinstate his original bail, which had been revoked. In October 2009, Patterson was arrested for attempted murder; his



RE103/18/2011

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CRIMINAL APPEALS
OCTOBER TERM, 2010-2011
CR-10-0334
Ex parte Rodney Wayne Patterson PETITION FOR WRIT OF HABEAS CORPUS (In re: State of Alabama v. Rodney Wayne Patterson)
Lawrence Circuit Court
(CC-10-84)
PER CURIAM.
The petitioner, Rodney Wayne Patterson, filed this petition for a writ of habeas corpus requesting that we reinstate his original bail, which had been revoked. In October 2009, Patterson was arrested for attempted murder; his



RE103/18/2011

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CRIMINAL APPEALS
OCTOBER TERM, 2010-2011
CR-10-0334
Ex parte Rodney Wayne Patterson PETITION FOR WRIT OF HABEAS CORPUS (In re: State of Alabama v. Rodney Wayne Patterson)
Lawrence Circuit Court
(CC-10-84)
PER CURIAM.
The petitioner, Rodney Wayne Patterson, filed this petition for a writ of habeas corpus requesting that we reinstate his original bail, which had been revoked. In October 2009, Patterson was arrested for attempted murder; his



RE103/18/2011

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CRIMINAL APPEALS
OCTOBER TERM, 2010-2011
CR-10-0334
Ex parte Rodney Wayne Patterson PETITION FOR WRIT OF HABEAS CORPUS (In re: State of Alabama v. Rodney Wayne Patterson)
Lawrence Circuit Court
(CC-10-84)
PER CURIAM.
The petitioner, Rodney Wayne Patterson, filed this petition for a writ of habeas corpus requesting that we reinstate his original bail, which had been revoked. In October 2009, Patterson was arrested for attempted murder; his



RE103/18/2011

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CRIMINAL APPEALS
OCTOBER TERM, 2010-2011
CR-10-0334
Ex parte Rodney Wayne Patterson PETITION FOR WRIT OF HABEAS CORPUS (In re: State of Alabama v. Rodney Wayne Patterson)
Lawrence Circuit Court
(CC-10-84)
PER CURIAM.
The petitioner, Rodney Wayne Patterson, filed this petition for a writ of habeas corpus requesting that we reinstate his original bail, which had been revoked. In October 2009, Patterson was arrested for attempted murder; his



RE103/18/2011

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CRIMINAL APPEALS
OCTOBER TERM, 2010-2011
CR-10-0334
Ex parte Rodney Wayne Patterson PETITION FOR WRIT OF HABEAS CORPUS (In re: State of Alabama v. Rodney Wayne Patterson)
Lawrence Circuit Court
(CC-10-84)
PER CURIAM.
The petitioner, Rodney Wayne Patterson, filed this petition for a writ of habeas corpus requesting that we reinstate his original bail, which had been revoked. In October 2009, Patterson was arrested for attempted murder; his



RE103/18/2011

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CRIMINAL APPEALS
OCTOBER TERM, 2010-2011
CR-10-0334
Ex parte Rodney Wayne Patterson PETITION FOR WRIT OF HABEAS CORPUS (In re: State of Alabama v. Rodney Wayne Patterson)
Lawrence Circuit Court
(CC-10-84)
PER CURIAM.
The petitioner, Rodney Wayne Patterson, filed this petition for a writ of habeas corpus requesting that we reinstate his original bail, which had been revoked. In October 2009, Patterson was arrested for attempted murder; his



RE103/18/2011

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CRIMINAL APPEALS
OCTOBER TERM, 2010-2011
CR-10-0334
Ex parte Rodney Wayne Patterson PETITION FOR WRIT OF HABEAS CORPUS (In re: State of Alabama v. Rodney Wayne Patterson)
Lawrence Circuit Court
(CC-10-84)
PER CURIAM.
The petitioner, Rodney Wayne Patterson, filed this petition for a writ of habeas corpus requesting that we reinstate his original bail, which had been revoked. In October 2009, Patterson was arrested for attempted murder; his



RE103/18/2011

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CRIMINAL APPEALS
OCTOBER TERM, 2010-2011
CR-10-0334
Ex parte Rodney Wayne Patterson PETITION FOR WRIT OF HABEAS CORPUS (In re: State of Alabama v. Rodney Wayne Patterson)
Lawrence Circuit Court
(CC-10-84)
PER CURIAM.
The petitioner, Rodney Wayne Patterson, filed this petition for a writ of habeas corpus requesting that we reinstate his original bail, which had been revoked. In October 2009, Patterson was arrested for attempted murder; his



CR-10-0334

bail was set at $75, 000. In January 2010, Patterson was indicted for attempted murder and his bail, which he had paid, remained the same. In May 2010, the State moved that Patterson's bail be revoked because, it argued, Patterson had been charged with another offense while he was free on bail for the attempted murder charge, and a condition of his release had been that he not engage in any criminal activity. On May 13, 2010, Judge Pride Tompkins revoked Patterson's bail. On November 12, 2010, Patterson was found "not guilty" of reckless endangerment1 -- the charge that formed the basis for the revocation of his pretrial bail. Patterson then moved to have his original bail reinstated. After a hearing on November 15, 2010, Judge Tompkins denied Patterson's motion. This original petition for a writ of habeas corpus followed.
Patterson asserts that he is entitled to remain free on pretrial bail because, he argues, he has been acquitted of the charge that formed the basis for the revocation of his pretrial bail.

1The basis for this misdemeanor charge was that Patterson allegedly engaged in reckless conduct by "driving behind [the victim] at a high rate of speed as if to run her off the road." After a bench trial in the district court, Judge Angela Terry found Patterson "not guilty."

2



CR-10-0334

bail was set at $75, 000. In January 2010, Patterson was indicted for attempted murder and his bail, which he had paid, remained the same. In May 2010, the State moved that Patterson's bail be revoked because, it argued, Patterson had been charged with another offense while he was free on bail for the attempted murder charge, and a condition of his release had been that he not engage in any criminal activity. On May 13, 2010, Judge Pride Tompkins revoked Patterson's bail. On November 12, 2010, Patterson was found "not guilty" of reckless endangerment1 -- the charge that formed the basis for the revocation of his pretrial bail. Patterson then moved to have his original bail reinstated. After a hearing on November 15, 2010, Judge Tompkins denied Patterson's motion. This original petition for a writ of habeas corpus followed.
Patterson asserts that he is entitled to remain free on pretrial bail because, he argues, he has been acquitted of the charge that formed the basis for the revocation of his pretrial bail.

1The basis for this misdemeanor charge was that Patterson allegedly engaged in reckless conduct by "driving behind [the victim] at a high rate of speed as if to run her off the road." After a bench trial in the district court, Judge Angela Terry found Patterson "not guilty."

2



CR-10-0334

bail was set at $75, 000. In January 2010, Patterson was indicted for attempted murder and his bail, which he had paid, remained the same. In May 2010, the State moved that Patterson's bail be revoked because, it argued, Patterson had been charged with another offense while he was free on bail for the attempted murder charge, and a condition of his release had been that he not engage in any criminal activity. On May 13, 2010, Judge Pride Tompkins revoked Patterson's bail. On November 12, 2010, Patterson was found "not guilty" of reckless endangerment1 -- the charge that formed the basis for the revocation of his pretrial bail. Patterson then moved to have his original bail reinstated. After a hearing on November 15, 2010, Judge Tompkins denied Patterson's motion. This original petition for a writ of habeas corpus followed.
Patterson asserts that he is entitled to remain free on pretrial bail because, he argues, he has been acquitted of the charge that formed the basis for the revocation of his pretrial bail.

1The basis for this misdemeanor charge was that Patterson allegedly engaged in reckless conduct by "driving behind [the victim] at a high rate of speed as if to run her off the road." After a bench trial in the district court, Judge Angela Terry found Patterson "not guilty."

2



CR-10-0334

"The purposes of bail are to secure the accused's attendance, and avoid the imprisonment of persons still entitled to a presumption of innocence, among others.
"Since it is not the purpose of the criminal law to confine a person accused of crime before conviction, bail is allowed in recognition of the presumption of innocence until guilt is proved, and is a necessary corollary to the constitutional concept that persons may be imprisoned only after conviction. Bail is intended to enable an accused to remain out of jail until the next proceeding in the case, or until there has been a final disposition of the accusation, and to prepare a defense. Bail also relieves the state of the burden of detaining possibly innocent persons pending
trial."

8 C.J.S. Bail

Download 100334.pdf

Alabama Law