The court ordered the detention of Ricky Cornish per the Bail Reform Act, 18 U.S.C. § 3142, because while the United States failed to establish that Cornish was a flight risk, it proved by clear and convincing evidence that Cornish was an irremediable danger to others and the community. Considering the four factors in § 3142(g), the court emphasized the violent nature of Cornish’s crime, the weight of the evidence of Cornish’s dangerousness, and the danger to the community that would be posed by his release; these factors outweighed the fact that he had no criminal history. Lastly, the court also considered the recent spread of COVID-19 and concluded that the risks of releasing Cornish superseded the pandemic’s health risk to Cornish, as he was not subject to higher risk from COVID-19 than any other individual, and BOP facilities were implementing mitigation measures.
United States v. Cornish, No. 3:20-CR-00003, 2020 WL 1498841 (E.D. Ky. Mar. 30, 2020)
DETAILS
Decision
Date
3/30/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Class Certification, Improved Conditions, Preliminary Injunction (PI), Release
Type of Court
Federal District Court
Type of Court
State Highest Court
Location
Kentucky
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pretrial Detention [jail]
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
3:20-cr-00003-GFVT
MORE CASE INFORMATION
Court Name
E.D. Ky.
Decision
Motion Denied
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Using the Internet to attempt to persuade, induce, entice, and coerce a minor to engage in sexual activity
COVID-19 in Jail Prison or Detention Center
Not Discussed
Litigation Database
Crowdsourced legal documents from around the country related to COVID-19 and incarceration, organized, collected, and summarized for public defenders, litigators, and other advocates. Created and managed by Bronx Defenders, Columbia Law School’s Center for Institutional and Social Change, UCLA Law COVID-19 Behind Bars Data Project, and Zealous. Mostly federal court opinions, but now expanding to states and legal filings, declarations, and exhibits.
This resource is designed to help lawyers, advocates, researchers, journalists, and others interested in challenging, remedying, or drawing attention to the grave risk that Covid-19 poses to individuals who are detained.