People v. Gatlin

Defendant appealed from a trial court order denying his petition for pretrial release under the Pre-Trial Fairness Act, arguing that the trial court erred by not conducting his detention hearing in person. The appellate court agreed that it was error to hold the hearing without the defendant being physically present, as is required by the Act, and that the record did not contain any evidence of a qualifying condition permitting remote participation. The appellate court vacated the trial court order and remanded for a new detention hearing. (ZENOFF and DOHERTY, concurring)