Gerstein v. Pugh

420 U.S. 103 (1975)

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Nature of the Case

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Facts

Pugh and Henderson (Ps) were arrested in Dade County Florida for various crimes. Pugh was denied bail because the offenses alleged against him carried a life sentence. Henderson remained in custody because he could not post bail. Under Florida law, a prosecutor could charge all other crimes other than a capital offense with an information without a prior preliminary hearing and without obtaining leave of the court. Thus, a person such as Henderson could be stuck in jail until a special statute that required a preliminary hearing kicked in 30 days later. The court certified the class under Rule 23(b)(2) and held that the Fourth and Fourteenth Amendment gave all arrested persons charged by information a right to a preliminary hearing on the question of probable cause. Before this ruling was issued, the Florida Supreme Court amended its procedural rules regarding preliminary hearings. The new rule called for a hearing within 24 hours, but they only applied to felony charges, and no hearings were available to persons charged by information or indictment. The District Court examined the new rules and reaffirmed its ruling. The State appealed.