Rawls v. Hunter

Kenneth Rawls filed a pre-trial habeas and mandamus action contending he was illegally denied bond after being incarcerated more than 90 days without being indicted. The trial court denied his petition. Because the provisions of O.C.G.A. § 17-7-50 are mandatory and Rawls remained in jail without indictment or bond for 90 days, he was entitled to have bond set, and, therefore, we reverse and remand for the setting of bond. 1. Rawls was charged with two counts of cocaine trafficking and was twice refused bail. On the 91st day of incarceration he filed an emergency request for bond under O.C.G.A. § 17-7-50. The trial court denied bond and the state indicted Rawls later that day. The court of appeals dismissed Rawls' appeal as moot. Rawls then brought the current mandamus and habeas action.