110 results for 'cat:"Bail"'.
J. Brown finds the circuit court properly entered a $300,000 bond forfeiture judgment after defendant, whose appearance on multiple drug, firearm and terrorism charges was secured by the bond failed to appear. The bondsman argues that since “law enforcement willfully [decided] that extradition would not be authorized if the individual [was] located in another state,” the state didn’t make every reasonable effort to apprehend defendant. The bondsman cites no authority for its assertion that listing defendant as nonextraditable constitutes an unreasonable effort to apprehend. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: August 30, 2023, Case #: CV-22-401, Categories: Drug Offender, bail, Extradition
J. Reiber finds the lower court improperly imposed bail and a condition of release for defendant on several offenses that included her children and custody. There is insufficient evidence she posed a risk of flight from prosecution. Reversed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: August 25, 2023, Case #: 23-AP-250, Categories: bail
J. Kruger finds that the appeals court improperly invalidated a regulation that bars bail bond agents from contracting with jail inmates to notify agents of new arrests. The appeals court held that the Bail Bond Regulatory Act violates the First Amendment, but the Act only prohibits agents from using inmates to solicit arrestees and agents may still seek information about arrestees from public sources. Also, the state has interests beyond the way that bail bond agents drum up business, as the Act promotes the orderly administration of jails and fair competition between bail bond agents. Reversed.
Court: California Supreme Court, Judge: Kruger, Filed On: August 24, 2023, Case #: S267138, Categories: Constitution, bail
J. Wiley finds that the trial court erred in ruling that a bail agent must forfeit a $100,000 bond. After the fugitive was caught in Mexico, the state delayed its extradition decision past the appearance period. The bail agent followed the bail rules and indecision by prosecutors should not result in an unjust forfeiture, so the trial court should have asked the state to announce its extradition decision or extended the appearance period. Reversed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: August 18, 2023, Case #: B322752, Categories: Criminal Procedure, Sex Offender, bail
J. Rodriguez finds a lower court ruled correctly in revoking defendant’s community supervision for violating a protective order after he allegedly failed to submit to required drug testing. Defendant argued the revocation was “unduly influenced by a pending murder charge against him,” but defendant was aware of his probation requirements and therefore “[d]ue process was satisfied.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: August 16, 2023, Case #: 08-23-00120-CR, Categories: bail, Due Process, Commitment
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J. Waples finds the trial court improperly imposed bail and a condition of release to be supervised by a responsible adult for defendant on several offenses that included burglary and lewd and lascivious conduct. There is insufficient evidence he posed a risk of flight from prosecution, and his financial resources were not considered before the bail was imposed. Reversed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: August 14, 2023, Case #: 23-AP-241, Categories: Burglary, bail
J. Brown finds that the trial court properly denied defendant's motion for bail on his indictments charging him with first-degree murder and conspiracy to commit first degree murder, with the state forgoing capital punishment. Although defendant's offense no longer qualifies as capital, since he was charged with murdering a witness in another case, he posed an imminent danger to others connected to this case. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: July 21, 2023, Case #: 2023-K-0403, Categories: Murder, bail
J. Gray finds that the trial court properly denied defendant's application for a writ of habeas corpus after he could not make the $400,000 bail on child sexual assault charges. Defendant did not adequately brief his issue that the trial court abused its discretion. Affirmed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: July 19, 2023, Case #: 10-22-00281-CR, Categories: Habeas, Sex Offender, bail
Per curiam, the court of appeal finds that the trial court improperly revoked defendant's bond when he was arrested on new offenses because the judge assigned to preside over new offenses did not have jurisdiction to revoke bond related to the original offenses. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: July 12, 2023, Case #: 2D23-1116, Categories: bail, Jurisdiction
J. Bowes finds that the lower court properly denied a bail bondsman’s petition to set aside bail forfeiture in relation to bail he posted on behalf of defendant. The trial court was not required to obtain written consent from the bondsman before reinstating the bail. Affirmed.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: July 11, 2023, Case #: J-S15015-23, Categories: Criminal Procedure, bail
J. Tomasi finds that the trial court properly denied bail to defendant for DUI and involuntary manslaughter. The state established that defendant posed a "stark threat" to the public if released based on his prior history since this was his fourth DUI. Affirmed.
Court: Vermont Supreme Court, Judge: Tomasi, Filed On: July 3, 2023, Case #: 23-AP-185, Categories: bail, Dui, Manslaughter
Per curiam, the appellate division finds that the trial court properly convicted defendant of bail jumping and criminal contempt after he failed to appear at the final day of trial for sexual abuse and fled to Canada. The post-indictment delay of more than 18 years had been caused by defendant leaving a false suicide note and absconding to Canada, and prosecutors properly estimated a low likelihood of extradition from that country. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 30, 2023, Case #: KA 20-01224, Categories: bail, Speedy Trial, Contempt
J. Graves finds the district court properly dismissed defendant's claims of false imprisonment against the bondsman who petitioned the court to issue an arrest warrant due to defendant's failure to check in and provide contact information per contract. Defendant was arrested pursuant to a valid arrest warrant, and so there can be no cause of action for false imprisonment. The pleadings must “reveal beyond doubt that [defendant] can prove no set of facts” that would overcome the bondsman's defense or otherwise entitle him to relief. The district court erred in dismissing the contract breach claim. Affirmed in part, reversed in part.
Court: 5th Circuit, Judge: Graves , Filed On: June 29, 2023, Case #: 22-40241, Categories: bail, Contract
J. Gabriel finds that the district court improperly classified defendant's first-degree murder charge as a capital offense and denied his request for bail. The charge was filed after the enactment of legislation abolishing the death penalty, and the term "capital offenses" refers to crimes punishable by death, so the application of the capital offense exception to the constitutional right to bail was error. Affirmed.
Court: Colorado Supreme Court, Judge: Gabriel, Filed On: June 20, 2023, Case #: 23SA2, Categories: Death Penalty, Murder, bail
J. Sudderth finds the trial court improperly set a $1 million bail for defendant, who is charged with murder. The bail is unreasonable, as it is 10 times more than he and his family could afford to pay, and there is little proof he is a safety threat. Reversed.
Court: Texas Courts of Appeals, Judge: Sudderth, Filed On: June 15, 2023, Case #: 02-23-00046-CR, Categories: Murder, bail
J. Whitener finds that the lower court properly denied bail to two individuals charged with class A felonies. Because class A felonies are punishable by the possibility of life in prison, a judge has the authority to deny bail. Affirmed.
Court: Washington Supreme Court, Judge: Whitener, Filed On: June 8, 2023, Case #: 100552-1, Categories: bail
[Consolidated.] J. McNeill finds that defendant was properly convicted of four counts of first-degree bail jumping and sentenced to 10 years of imprisonment. Defendant contends that multiple bail jumping convictions based on a single missed court appearance violated double jeopardy, but the unit of prosecution is each charge for which a defendant fails to appear, not the number of missed court appearances. Affirmed.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: June 2, 2023, Case #: 2021-CA-0490-MR, Categories: Sentencing, Double Jeopardy, bail
J. Zamora finds a lower court erred when it denied a motion by prosecutors to detain defendant prior to trial in a murder case. The lower court failed to adequately consider factors that justified pretrial detention, including defendant’s “dangerousness,” “extensive criminal history” and past “failures to appear.” Reversed.
Court: New Mexico Supreme Court, Judge: Zamora, Filed On: May 22, 2023, Case #: S-1-SC-39744, Categories: Murder, bail, Due Process