Rainwater v. Langley

Summary

The Georgia Supreme Court affirmed the denial of Rainwater’s pre-conviction habeas corpus petition challenging his detention and denial of bail. The court held that the bond posted for the original charges did not extend to later RICO charges and that Rainwater was not entitled to relief under OCGA § 17-7-50 because he was indicted within 90 days of his re-arrest.

Holdings

1. An order that functionally denies a habeas corpus petition will be construed and classified as a final judgment denying habeas corpus relief, even if it is phrased as merely denying a motion for bond.
2. Pretrial habeas corpus is a proper remedy to challenge a failure to set bail when the alleged denial or excessiveness of bail amounts to a refusal to grant bail.
3. A bond posted for originally charged offenses remains valid for trial of those offenses after bindover, unless lawfully increased, but does not automatically cover a later RICO charge that incorporates those offenses as predicate acts.
4. Rainwater was not entitled to habeas corpus relief under OCGA § 17-7-50 because he was indicted on the RICO charge within ninety days of his rearrest and had sought, but been denied, bond.

Questions Presented

1. Whether the habeas court's order denying Rainwater's motion for bond constituted a final judgment denying habeas corpus relief.
2. Whether pretrial habeas corpus is an appropriate remedy to challenge a failure to set bail.
3. Whether Rainwater's bond on the original theft and conspiracy charges remained valid for a subsequent RICO charge incorporating those offenses as predicate acts.
4. Whether Rainwater was entitled to habeas corpus relief under OCGA § 17-7-50 because he was incarcerated for more than ninety days without bail and without indictment.

Disposition

affirmed