Ex parte Dressler (1885) · DecisionDepot

Ex parte Dressler

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 30, 1885 No. No. 20120Published

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Holding. The court held that the petitioner was entitled to discharge because his ninety-day detention as a witness was unreasonable under Article I, Section 6 of the Constitution.

Issues

Whether the petitioner's detention as a witness was unreasonable under the Constitution.

Disposition. Petitioner discharged from custody.

Quotations verified verbatim against the opinion

“the petitioner is entitled to his discharge under article i., section 6 of the Constitution, whicli provides that witnesses shall not be unreasonably detained.”

“It appears that the witness has been detained as such for ninety days, and there have been several continuances in the case which are not satisfactorily accounted for.”

Synopsis

Habeas CobptjS—Witness—Unreasonable Detention.—A person who has been detained as a witness for ninety days, and after several continuances of the case not satisfactorily accounted for, is entitled to his discharge on habeas corpus.

The COURT. We are of opinion that the petitioner is entitled to his discharge under article i., section 6 of the Constitution, whicli provides that witnesses shall not be unreasonably detained. It appears that the witness has been detained as such for ninety days, and there have been several continuances in the case which are not satisfactorily accounted for.

The petitioner is discharged from custody.

Ex parte Dressler

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