IN THE SUPREME COURT OF IOWA NO STATE OF IOWA, Plaintiff/Appellee, PATRICK JOHN LETSCHER, Defendant/Appellant.

Size: px
Start display at page:

Download "IN THE SUPREME COURT OF IOWA NO STATE OF IOWA, Plaintiff/Appellee, PATRICK JOHN LETSCHER, Defendant/Appellant."

Transcription

1 IN THE SUPREME COURT OF IOWA NO ELECTRONICALLY FILED MAR 11, 2016 CLERK OF SUPREME COURT STATE OF IOWA, Plaintiff/Appellee, v. PATRICK JOHN LETSCHER, Defendant/Appellant. APPEAL FROM THE IOWA DISTRICT COURT FOR WINNEBAGO COUNTY HON. GREGG R. ROSENBLADT, Judge BRIEF OF AMICUS CURIAE IOWA COUNTY ATTORNEYS ASSOCIATION ALAN R. OSTERGREN Muscatine County Attorney 420 East Third Street Muscatine, Iowa (563) (563) (facsimile) Attorney for Amicus Curiae

2 Table of Contents Table of Authorities... 3 Identity of amicus curiae and interest in the case... 4 Monetary obligations imposed against a criminal defendant are due immediately and may be collected through any means available to a judgment creditor. The form executed by the defendant when he posted his cash bond accurately informed him of the disposition of those funds. Has the defendant demonstrated that he is entitled to the return of the money?... 5 Preservation of error... 5 Standard of review Argument Conclusion Certificate of Compliance

3 Table of Authorities Cases Estate of Lyon v. Heemstra, 2009 Iowa Ct. App. ( )... 7 Meier v. Senecaut, 641 N.W.2d 532, 537 (Iowa 2002)... 5 State v. Briggs, 666 N.W.2d 541, 549 (Iowa 2000)... 6 Statutes Iowa Code Iowa Code 811.1(a)(4)... 6 Iowa Code 909.3(1)... 8 Iowa Code Iowa Code Iowa Code 910.7A(1)... 8 Iowa Code 910.7A(2)... 8 Iowa Code Rules Iowa R. App. P Iowa R. Crim. P. 2.26(1)(d)... 8 Iowa R. Crim. P. 2.26(1)(e)

4 Identity of amicus curiae and interest in the case The Iowa County Attorneys Association (ICAA) is a nonpartisan association of Iowa s county attorneys and their assistants. The county attorney is the chief law enforcement officer for his or her county. The primary purposes of the association are to encourage and maintain close coordination among county attorneys and to promote the uniform and efficient administration of the criminal and juvenile justice systems of Iowa. Iowa s county attorneys have substantial interest in this litigation. Every criminal case comes with it a decision on the conditions of release for the defendant. Imposition of a cash bond is part of the decision-making process. It is our responsibility as county attorneys to execute the judgments of the Court with respect to the imposition of a fine and the collection of delinquent court debt. 4

5 Monetary obligations imposed against a criminal defendant are due immediately and may be collected through any means available to a judgment creditor. The form executed by the defendant when he posted his cash bond accurately informed him of the disposition of those funds. Has the defendant demonstrated that he is entitled to the return of the money? Preservation of error. Error was not preserved. Although raised as a challenge to an illegal sentence (exempt, of course, from preservation of error requirements) Letscher is actually challenging the actions of the clerk of court collateral to the imposition of sentence in his case. His claim should have therefore been raised in the district court. Meier v. Senecaut, 641 N.W.2d 532, 537 (Iowa 2002). Standard of review. Letscher raises a claim of statutory interpretation. This Court reviews such claims for correction of errors at law. Iowa R. App. P

6 Argument. The State of Iowa and the Court of Appeals majority answer the question presented by this case on the basis of Letscher s voluntary consent to the application of his bond money to his financial obligations. This consent, they reason, validates the district court s sentencing order. Letscher, and the dissenting judge in the Court of Appeals, reject the notion that the bond form was a voluntary act. After all, what is voluntary about being required to pay money to get out of jail? This is not really a case about bail. And to the extent that the district court erred it was in form, not substance. To understand why, we need to understand how the various statutory provisions of the Iowa Criminal Code relate to each other at the moment a criminal defendant s appearance bond is exonerated. When a criminal defendant is ordered to post an appearance bond it is done to encourage his appearance at future court proceedings. Iowa Code 811.1(a)(4), State v. Briggs, 666 N.W.2d 541, 549 (Iowa 2000). Letscher claims in his brief that the code requires these funds to be returned to 6

7 the person who posted the funds. (Appellant s brief, p. 22). In support of his argument Letscher cites the unpublished decision of Estate of Lyon v. Heemstra, 2009 Iowa Ct. App. ( ). Estate of Lyon stands for the proposition that a wrongful death judgment could not be executed against funds which had been posted to secure the release of the slayer during his criminal prosecution. There is no need to relate at length the arguments made before the Court of Appeals. Letscher s argument may essentially be understood to mean that the provisions of Chapter 811 require the return of his bond money notwithstanding any other provision of law. This is error. Let s start with criminal fines. A fine shall have the force and effect of a judgment against the defendant for the amount of the fine. Iowa Code The law relating to judgment liens, executions, and other process available to creditors for the collection of debts shall be applicable to such judgments; provided, that no law exempting the personal property of the defendant from any lien or legal process shall be applicable to such judgments. Id. 7

8 All fines imposed by the court shall be paid on the day the fine is imposed, and the person shall be instructed to pay such fines with the office of the clerk of the district court on the date of imposition. Iowa Code 909.3(1). These rules also apply to the surcharges imposed on criminal defendants under chapter 911. Iowa Code Victim restitution is also a judgment against the defendant. Iowa Code 910.7A(1). It may be enforced in the same manner as a civil judgment. Iowa Code 910.7A(2). The clerk of court is responsible for disbursement of monies for restitution before the clerk allocates funds for other purposes. Iowa Code (listing prioritization process). The clerk is required to collect court debt and disburse it to the appropriate entity. Iowa Code The Iowa Rules of Criminal Procedure contemplate the very kind of order as was entered by the district court. The court is to issue an execution for payment of a fine as upon a judgment in a civil case. Iowa R. Crim. P. 2.26(1)(d). Although the rule uses only the term fine it is clear from context that this refers to any monetary provision of the judgment order. 8

9 Compare, Iowa R. Crim. P. 2.26(1)(e) ( Execution in other cases. When the judgment is for the abatement or removal of a nuisance, or for anything other than confinement or payment of money by the defendant ) (emphasis added). These provisions justify the disposition of Letscher s appearance bond to meet his financial obligations. Letscher s argument puts form over substance. The purpose of the various techniques available to a judgment creditor are to get the creditor in possession of the monies owed by the judgment debtor. But here, at the moment the appearance bond was exonerated the judgment creditor (the clerk of court on behalf of the state) was already in possession of the funds. What more needed to be done? This situation is analogous to one commonly experienced by criminal justice practitioners. Imagine a criminal defendant who is incarcerated in the county jail while his case is pending. During this time period authorities in a different county file charges against him. They obtain an arrest warrant which is lodged as a detainer against the defendant. The 9

10 defendant then gets the first case dismissed. The court in that first case therefore orders him to be released. Does the defendant get to go home? Hardly. The defendant will be transported to the other county and face adjudication of that case. The fact that the court in the first case ordered his release does not prevent his detention in the second case. This is no different than what happened with Letscher s bond money. It was held by the clerk of court as bond until other provisions of law applied to it. This Court does not need to explore whether the bond form was a voluntary act because it is irrelevant to the disposition of the money. To the extent that the district court made any error it was in the use of the word forfeited to describe what was happening to the money. The correct word should have been attached. Conclusion The judgment of the district court should be affirmed. 10

11 Respectfully submitted, IOWA COUNTY ATTORNEYS ASSOCIATION By: /s/ ALAN R. OSTERGREN Alan R. Ostergren Muscatine County Attorney Chair, ICAA Amicus Curiae Committee 420 East Third Street Muscatine, Iowa (563) (563) (facsimile) 11

12 Certificate of Compliance This brief complies with the type-volume limitation of Iowa R. App. Pro (1)(g)(1) because it contains 1200 words, excluding parts of the brief exempted by that rule. This brief complies with the typeface requires of Iowa R. App. Pro (1)(e) and the type style requirements of Iowa R. App. Pro (1)(f) because it has been prepared in a proportionally spaced typeface using Microsoft Word 2010 in Bookman Old School, 14 point type. /s/ Alan R. Ostergren Muscatine County Attorney

IN THE SUPREME COURT OF IOWA ELECTRONICALLY FILED MAY 17, 2018 CLERK OF SUPREME COURT

IN THE SUPREME COURT OF IOWA ELECTRONICALLY FILED MAY 17, 2018 CLERK OF SUPREME COURT IN THE SUPREME COURT OF IOWA ELECTRONICALLY FILED MAY 17, 2018 CLERK OF SUPREME COURT STATE OF IOWA, ) ) Plaintiff-Appellee, ) ) V. ) ) RONALD SKYLER STEENHOEK,) ) Defendant-Appellant. ) S.CT. NO. 17-1727

More information

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY STATE OF IOWA, IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY Plaintiff, vs. MARTIN EQUENIO CASTELLANOS, Defendant. No. FECR 086986, FECR, FECR JUDGMENT AND SENTENCE (Felonies) (not Sex Abuse, not OWI

More information

Enforcement in Criminal Cases

Enforcement in Criminal Cases Enforcement in Criminal Cases Presented by Bronson Tucker, Program Attorney, TJCTC bt16@txstate.edu 1 Sworn Complaint Must Precede Arrest Warrant Article 45.014 of the Code of Criminal Procedure states

More information

CHAPTER Senate Bill No. 388

CHAPTER Senate Bill No. 388 CHAPTER 97-271 Senate Bill No. 388 An act relating to court costs; providing legislative intent; creating chapter 938, F.S.; providing for certain mandatory costs in all cases; providing for certain mandatory

More information

For An Act To Be Entitled

For An Act To Be Entitled 1 State of Arkansas 2 80th General Assembly A Bill ACT 122 OF 1995 Regular Session, 1995 HOUSE BILL 1027 4 By: Representative M. Wilson 5 7 For An Act To Be Entitled 8 "AN ACT TO ESTABLISH PROCEDURES FOR

More information

FINAL REPORT 1. Proposed Amendments to Pa.Rs.Crim.P. 528 and 535 USE OF BAIL MONEY FOR PAYMENT OF RESTITUTION, FEES, FINES, AND COSTS

FINAL REPORT 1. Proposed Amendments to Pa.Rs.Crim.P. 528 and 535 USE OF BAIL MONEY FOR PAYMENT OF RESTITUTION, FEES, FINES, AND COSTS FINAL REPORT 1 Proposed Amendments to Pa.Rs.Crim.P. 528 and 535 USE OF BAIL MONEY FOR PAYMENT OF RESTITUTION, FEES, FINES, AND COSTS On December 8, 2014, effective February 9, 2015, upon the recommendation

More information

IN THE CIRCUIT COURT OF FRANKLIN COUNTY, MISSOURI 20th JUDICIAL CIRCUIT MUNICIPAL DIVISION- THE CITY OF UNION

IN THE CIRCUIT COURT OF FRANKLIN COUNTY, MISSOURI 20th JUDICIAL CIRCUIT MUNICIPAL DIVISION- THE CITY OF UNION IN THE CIRCUIT COURT OF FRANKLIN COUNTY, MISSOURI 20th JUDICIAL CIRCUIT MUNICIPAL DIVISION- THE CITY OF UNION MUNICIPAL COURT OPERATING ORDER #3 Effective Date: August 28, 2015 I. PURPOSE GENERAL ORDERS

More information

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF LAW ENFORCEMENT

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF LAW ENFORCEMENT In the County Court in and for County, Florida of Arrest: of Arrest: WITNESS TO DISPOSAL/DESTRUCTION NE: Date Type of Court of Court IFWCDLE 025 (09/09) COURT ORIGINAL Signature of Defendant CASE NO. TRIAL

More information

MISDEMEANOR SENTENCING STEPS FOR SENTENCING A MISDEMEANOR UNDER STRUCTURED SENTENCING

MISDEMEANOR SENTENCING STEPS FOR SENTENCING A MISDEMEANOR UNDER STRUCTURED SENTENCING MISDEMEANOR SENTENCING STEPS FOR SENTENCING A MISDEMEANOR UNDER STRUCTURED SENTENCING 1. Determine the offense class 2. Determine the offender s prior conviction level 3. Select a sentence length 4. Select

More information

KENTUCKY BAIL STATUTES

KENTUCKY BAIL STATUTES KENTUCKY BAIL STATUTES KRS 431.510 (2010) 431.510. Prohibitions. (1) It shall be unlawful for any person to engage in the business of bail bondsman as defined in subsection (3) of this section, or to otherwise

More information

EXHIBIT 1 BILOXI MUNICIPAL COURT PROCEDURES FOR LEGAL FINANCIAL OBLIGATIONS AND COMMUNITY SERVICE

EXHIBIT 1 BILOXI MUNICIPAL COURT PROCEDURES FOR LEGAL FINANCIAL OBLIGATIONS AND COMMUNITY SERVICE No person shall be imprisoned solely because she/he lacks the resources to pay a fine, state assessment, fee, court cost, or restitution (collectively, legal financial obligation or LFO ), or because she/he

More information

IN THE SUPREME COURT OF IOWA NO VINCENT ANGERER TRUST and DEWITT BANK & TRUST COMPANY, as Trustee of the Vincent Angerer Trust.

IN THE SUPREME COURT OF IOWA NO VINCENT ANGERER TRUST and DEWITT BANK & TRUST COMPANY, as Trustee of the Vincent Angerer Trust. IN THE SUPREME COURT OF IOWA NO. 17-1964 ELECTRONICALLY FILED JUL 03, 2018 CLERK OF SUPREME COURT VINCENT ANGERER TRUST and DEWITT BANK & TRUST COMPANY, as Trustee of the Vincent Angerer Trust Appellants,

More information

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 2:9. MISCELLANEOUS PROCEEDINGS PENDING APPEAL

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 2:9. MISCELLANEOUS PROCEEDINGS PENDING APPEAL RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 2:9. MISCELLANEOUS PROCEEDINGS PENDING APPEAL Rule 2:9-1. Control by Appellate Court of Proceedings Pending Appeal or Certification (a) Control

More information

IN THE SUPREME COURT OF IOWA SUPREME COURT NO Upon the Petition of. THE STATE OF IOWA, Plaintiff-Appellee, And Concerning

IN THE SUPREME COURT OF IOWA SUPREME COURT NO Upon the Petition of. THE STATE OF IOWA, Plaintiff-Appellee, And Concerning IN THE SUPREME COURT OF IOWA SUPREME COURT NO. 18-1366 ELECTRONICALLY FILED JAN 03, 2019 CLERK OF SUPREME COURT Upon the Petition of THE STATE OF IOWA, Plaintiff-Appellee, And Concerning JANE DOE, Defendant-Appellant

More information

MISSOURI VICTIMS RIGHTS LAWS¹

MISSOURI VICTIMS RIGHTS LAWS¹ CONSTITUTION Article I, 32. Crime victims' rights MISSOURI VICTIMS RIGHTS LAWS¹ 1. Crime victims, as defined by law, shall have the following rights, as defined by law: (1) The right to be present at all

More information

APPENDIX A RULES GOVERNING PRACTICE IN THE MUNICIPAL COURTS

APPENDIX A RULES GOVERNING PRACTICE IN THE MUNICIPAL COURTS APPENDIX A RULES GOVERNING PRACTICE IN THE MUNICIPAL COURTS RULE 7:1. SCOPE The rules in Part VII govern the practice and procedure in the municipal courts in all matters within their statutory jurisdiction,

More information

Bail Right to bail; recognizance or unsecured appearance bond. Secured bonds. Factors to be considered in determining conditions of release.

Bail Right to bail; recognizance or unsecured appearance bond. Secured bonds. Factors to be considered in determining conditions of release. 5-401. Bail. A. Right to bail; recognizance or unsecured appearance bond. Pending trial, any person bailable under Article 2, Section 13 of the New Mexico Constitution, shall be ordered released pending

More information

Maryland Laws on Bail Page D-1. Maryland Declaration of Rights

Maryland Laws on Bail Page D-1. Maryland Declaration of Rights Maryland Laws on Bail Page D- 0 0 Maryland Declaration of Rights Article. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted, by the Courts

More information

IN THE COURT OF APPEALS OF IOWA. No Filed June 15, Appeal from the Iowa District Court for Jefferson County, Crystal S.

IN THE COURT OF APPEALS OF IOWA. No Filed June 15, Appeal from the Iowa District Court for Jefferson County, Crystal S. IN THE COURT OF APPEALS OF IOWA No. 15-1440 Filed June 15, 2016 STATE OF IOWA, Plaintiff-Appellee, vs. WILLIAM J. KIRCHNER JR., Defendant-Appellant. Appeal from the Iowa District Court for Jefferson County,

More information

3RD CIRCUIT LOCAL APPELLATE RULES Proposed amendments Page 1

3RD CIRCUIT LOCAL APPELLATE RULES Proposed amendments Page 1 3RD CIRCUIT LOCAL APPELLATE RULES Proposed amendments 2008 - Page 1 1 L.A.R. 1.0 SCOPE AND TITLE OF RULES 2 1.1 Scope and Organization of Rules 3 The following Local Appellate Rules (L.A.R.) are adopted

More information

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULES 3:26 BAIL

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULES 3:26 BAIL RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULES 3:26 BAIL Rule 3:26-1. Right to Pretrial Release Before Conviction (a) Persons Entitled; Standards for Fixing. (1) Persons Charged on a Complaint-Warrant

More information

Definitions of Terms Used in Small Claims Court

Definitions of Terms Used in Small Claims Court Definitions of Terms Used in Small Claims Court A Affidavit A signed, sworn statement, witnessed by a notary public. Appeal A rehearing of the court s decision by a higher court. Attachment The taking

More information

Minimum Standards for Local Detention Facilities in South Carolina HOME DETENTION STANDARDS HOME DETENTION

Minimum Standards for Local Detention Facilities in South Carolina HOME DETENTION STANDARDS HOME DETENTION Minimum Standards for Local Detention Facilities in South Carolina HOME DETENTION STANDARDS HOME DETENTION Pursuant to 24-13-1530 of the Code of Laws of South Carolina, minimum standards for the development

More information

Delinquency Hearings

Delinquency Hearings Delinquency Hearings Table of Contents DETENTION HEARING AT A GLANCE... 2 ARRAIGNMENT HEARING AT A GLANCE... 3 ADJUDICATORY HEARING AT A GLANCE... 4 DISPOSITION HEARING AT A GLANCE... 5 VIOLATION OF PROBATION

More information

IN THE COURT OF APPEALS OF IOWA. No / Filed February 9, Appeal from the Iowa District Court for Warren County, Paul R.

IN THE COURT OF APPEALS OF IOWA. No / Filed February 9, Appeal from the Iowa District Court for Warren County, Paul R. IN THE COURT OF APPEALS OF IOWA No. 1-029 / 10-1025 Filed February 9, 2011 ESTATE OF TOMMY RAY LYON and RONDA LYON, Plaintiffs-Appellees, vs. RODNEY N. HEEMSTRA, et al., Defendants-Appellants. Judge. Appeal

More information

2007 SESSION (74th) A SB Senate Amendment to Senate Bill No. 45 (BDR )

2007 SESSION (74th) A SB Senate Amendment to Senate Bill No. 45 (BDR ) 00 SESSION (th) A SB Amendment No. Senate Amendment to Senate Bill No. (BDR -) Proposed by: Senate Committee on Judiciary Amends: Summary: Yes Title: Yes Preamble: No Joint Sponsorship: No Digest: Yes

More information

SUPERIOR AND DISTRICT COURT DIVISIONS ADMINISTRATIVE ORDER

SUPERIOR AND DISTRICT COURT DIVISIONS ADMINISTRATIVE ORDER NORTH CAROLINA ROCKINGHAM COUNTY IN THE GENERAL COURT OF JUSTICE SUPERIOR AND DISTRICT COURT DIVISIONS ADMINISTRATIVE ORDER Pursuant to the provisions of Article 26 of Chapter 15A of the North Carolina

More information

In the Supreme Court of the United States

In the Supreme Court of the United States No. 16-123 In the Supreme Court of the United States KELLY DAVIS AND SHANE SHERMAN, Petitioners, v. MONTANA Respondent. On Petition for a Writ of Certiorari to the Montana Supreme Court BRIEF OF THE A.J.Z.

More information

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, , amend (3) and (5) as follows:

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, , amend (3) and (5) as follows: NOTE: This bill has been prepared for the signatures of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please

More information

Case 1:09-mj JMF Document 3 Filed 01/12/2009 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA PLEA AGREEMENT

Case 1:09-mj JMF Document 3 Filed 01/12/2009 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA PLEA AGREEMENT Case 1:09-mj-00015-JMF Document 3 Filed 01/12/2009 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, ) ) V. ) ) DWAYNE F. CROSS, ) ) Defendant. ) Case

More information

CERTIFICATION PROCEEDING

CERTIFICATION PROCEEDING CERTIFICATION PROCEEDING PURPOSE: TO ALLOW A JUVENILE COURT TO WAIVE ITS EXCLUSIVE ORIGINAL JURISDICTION AND TRANSFER A JUVENILE TO ADULT CRIMINAL COURT BECAUSE OF THE SERIOUSNESS OF THE OFFENSE ALLEGED

More information

CASE 0:10-cr JNE -XXX Document 246 Filed 12/31/10 Page 1 of 15 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA

CASE 0:10-cr JNE -XXX Document 246 Filed 12/31/10 Page 1 of 15 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA CASE 0:10-cr-00032-JNE -XXX Document 246 Filed 12/31/10 Page 1 of 15 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA UNITED STATES OF AMERICA, Case No. 10-CR-32(01) (JNE/XXX) Plaintiff, v. DENNIS

More information

Utah Should Adopt a Law Allowing Courts to Apply Cash Bail Toward Restitution

Utah Should Adopt a Law Allowing Courts to Apply Cash Bail Toward Restitution Utah OnLaw: The Utah Law Review Online Supplement Volume 2013 Number 1 Article 6 2013 Utah Should Adopt a Law Allowing Courts to Apply Cash Bail Toward Restitution Amy J. Lavin Follow this and additional

More information

MINNESOTA. Chapter Title: DOMESTIC ABUSE Section: 518B.01. As used in this section, the following terms shall have the meanings given them:

MINNESOTA. Chapter Title: DOMESTIC ABUSE Section: 518B.01. As used in this section, the following terms shall have the meanings given them: 518B.01 Domestic Abuse Act. Subdivision 1. Short title. MINNESOTA Chapter Title: DOMESTIC ABUSE Section: 518B.01 This section may be cited as the Domestic Abuse Act. Subd. 2. Definitions. As used in this

More information

IN THE SUPREME COURT OF IOWA NO

IN THE SUPREME COURT OF IOWA NO IN THE SUPREME COURT OF IOWA NO. 16-1658 ELECTRONICALLY FILED FEB 13, 2017 CLERK OF SUPREME COURT CITY OF EAGLE GROVE, IOWA, Plaintiff- Appellant, vs. CAHALAN INVESTMENTS, LLC, FIRST STATE BANK AND WRIGHT

More information

Select Post-Conviction Moments in Adult Criminal Cases

Select Post-Conviction Moments in Adult Criminal Cases Select Post-Conviction Moments in Adult Criminal Cases Icon Abatement ab Initio A legal doctrine that operates to extinguish criminal proceedings and vacate a conviction when the convicted person dies

More information

ALABAMA VICTIMS RIGHTS LAWS1

ALABAMA VICTIMS RIGHTS LAWS1 ALABAMA VICTIMS RIGHTS LAWS1 Constitution Art. I, 6.01 Basic rights for crime victims. (a) Crime victims, as defined by law or their lawful representatives, including the next of kin of homicide victims,

More information

SUPREME COURT OF ALABAMA

SUPREME COURT OF ALABAMA REL: August 31, 2018 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama

More information

BAIL BONDS. Florida Association of Court Clerks and Comptrollers New Clerk Academy, March 2018

BAIL BONDS. Florida Association of Court Clerks and Comptrollers New Clerk Academy, March 2018 BAIL BONDS Florida Association of Court Clerks and Comptrollers New Clerk Academy, March 2018 2 Panel Speakers Hon. Don Barbee, Clerk of Courts, Hernando County Clerk of the Circuit Court & Comptroller

More information

No. 98,736 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, TRAVIS GUNNER LONG, Appellant. SYLLABUS BY THE COURT

No. 98,736 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, TRAVIS GUNNER LONG, Appellant. SYLLABUS BY THE COURT No. 98,736 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. TRAVIS GUNNER LONG, Appellant. SYLLABUS BY THE COURT 1. Interpretation of a statute is a question of law over which

More information

v No Wayne Circuit Court

v No Wayne Circuit Court S T A T E O F M I C H I G A N C O U R T O F A P P E A L S PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED November 21, 2017 v No. 333961 Wayne Circuit Court SALAH AL-SHARA, LC No. 13-005911-01-FH

More information

A warrant for the arrest of the defendant shall be issued when:

A warrant for the arrest of the defendant shall be issued when: RULE 430. ISSUANCE OF WARRANT. (A) ARREST WARRANTS INITIATING PROCEEDINGS A warrant for the arrest of the defendant shall be issued when: (1) the citation or summons is returned undelivered; or (2) the

More information

IN THE THIRTEENTH JUDICIAL CIRCUIT COURT HILLSBOROUGH COUNTY, FLORIDA. ADMINISTRATIVE ORDER S (Supersedes Administrative Order S )

IN THE THIRTEENTH JUDICIAL CIRCUIT COURT HILLSBOROUGH COUNTY, FLORIDA. ADMINISTRATIVE ORDER S (Supersedes Administrative Order S ) IN THE THIRTEENTH JUDICIAL CIRCUIT COURT HILLSBOROUGH COUNTY, FLORIDA ADMINISTRATIVE ORDER S-2018-047 (Supersedes Administrative Order S-2018-009) BOND MATTERS Criminal defendants brought before the courts

More information

Supreme Court of the United States

Supreme Court of the United States No. 11-9307 ================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- ARMARCION D. HENDERSON,

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS MARK RAYMOND FAGERMAN, Plaintiff-Counterdefendant- Appellee, UNPUBLISHED March 23, 2006 v No. 264558 Wexford Circuit Court ANITA LOUISE FAGERMAN, LC No. 04-018520-CH

More information

Table of Contents INTRODUCTION... 3 PART 1 BAIL A. Surety Bond... 5 B. Cash Bond... 6 C. Personal Bond... 6

Table of Contents INTRODUCTION... 3 PART 1 BAIL A. Surety Bond... 5 B. Cash Bond... 6 C. Personal Bond... 6 4 Bond Forfeitures Table of Contents INTRODUCTION... 3 PART 1 BAIL... 4 A. Surety Bond... 5 B. Cash Bond... 6 C. Personal Bond... 6 PART 2 SURRENDER OF PRINCIPAL DEFENDANT... 7 A. Discharge on Incarceration

More information

CALIFORNIA JUVENILE COURT PROCESS FOR DELINQUENCY CASES

CALIFORNIA JUVENILE COURT PROCESS FOR DELINQUENCY CASES Juvenile Court Jurisdiction CALIFORNIA JUVENILE COURT PROCESS FOR DELINQUENCY CASES Juvenile justice refers to juvenile court proceedings in which a minor is alleged to have committed an act that would

More information

AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA AN ACT Codification District of Columbia Official Code 2001 Edition Summer 2013 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To create limited liability for employers who hire or retain returning citizens

More information

STATE OF MINNESOTA IN SUPREME COURT A Court of Appeals Anderson, G. Barry, J.

STATE OF MINNESOTA IN SUPREME COURT A Court of Appeals Anderson, G. Barry, J. STATE OF MINNESOTA IN SUPREME COURT A06-785 Court of Appeals Anderson, G. Barry, J. State of Minnesota, Respondent, vs. Filed: January 31, 2008 Office of Appellate Courts Toyie Diane Cottew, Appellant.

More information

(A) subject to the condition that the person not commit a Federal, State, or local crime during the period of release

(A) subject to the condition that the person not commit a Federal, State, or local crime during the period of release Title: New Jersey Bail Reform Act Section 1: Release or detention of a defendant pending trial 1 a. In general This Section shall be liberally construed to effectuate the purpose of relying upon contempt

More information

Glossary. FY Statistical Reference Guide 11-1

Glossary. FY Statistical Reference Guide 11-1 Glossary Florida Office of the State Courts Administrator The glossary contains definitions of terms most frequently encountered in the collection and reporting of Summary Reporting System data. Generally,

More information

New Rules for Setting Fine, Community Service and Indigency for Fine-Only Offenses. Roxanne Nelson Justice of the Peace, Pct.

New Rules for Setting Fine, Community Service and Indigency for Fine-Only Offenses. Roxanne Nelson Justice of the Peace, Pct. New Rules for Setting Fine, Community Service and Indigency for Fine-Only Offenses Roxanne Nelson Justice of the Peace, Pct. 1 Burnet County In the past few years, we have heard stories about defendants

More information

SUPREME COURT OF FLORIDA

SUPREME COURT OF FLORIDA SUPREME COURT OF FLORIDA DANIEL KEVIN SCHMIDT, : CASE NO.: SC00-2512 : Lower Tribunal No.: 1D00-4166 Petitioner, : Circuit Court No.: 00-1971 : vs. : : STATE OF FLORIDA et al., : : Respondents. : : AMENDED

More information

IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT SCIOTO COUNTY

IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT SCIOTO COUNTY [Cite as Purdy v. Purdy, 2013-Ohio-280.] IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT SCIOTO COUNTY KATHY PURDY, : Case No. 12CA3490 : Plaintiff-Appellee, : : DECISION AND v. : JUDGMENT ENTRY

More information

NC General Statutes - Chapter 15A Article 26 1

NC General Statutes - Chapter 15A Article 26 1 Article 26. Bail. Part 1. General Provisions. 15A-531. Definitions. As used in this Article the following definitions apply unless the context clearly requires otherwise: (1) "Accommodation bondsman" means

More information

Costs, Fees, and Other Monetary Obligations

Costs, Fees, and Other Monetary Obligations Costs, Fees, and Other Monetary Obligations Jamie Markham October 2014 Reporting on cost waivers. Section 15.10(b) of S.L. 2011 145 reads as rewritten: SECTION 15.10.(b) The Administrative Office of the

More information

PROPOSED AMENDMENTS TO 28 U.S.C. 157 AND 158 IN RESPONSE TO STERN v. MARSHALL, 131 S. Ct (2011)

PROPOSED AMENDMENTS TO 28 U.S.C. 157 AND 158 IN RESPONSE TO STERN v. MARSHALL, 131 S. Ct (2011) PROPOSED AMENDMENTS TO 28 U.S.C. 157 AND 158 IN RESPONSE TO STERN v. MARSHALL, 131 S. Ct. 2594 (2011) Approved by the National Bankruptcy Conference 2012 Annual Meeting November 9, 2012 Proposed Amendments

More information

WESTMORELAND COUNTY RULES OF CRIMINAL PROCEDURE TABLE OF RULES

WESTMORELAND COUNTY RULES OF CRIMINAL PROCEDURE TABLE OF RULES WESTMORELAND COUNTY RULES OF CRIMINAL PROCEDURE TABLE OF RULES Rule WC112 Publicity, Broadcasting, and Recording of Proceedings... Adopted December 16, 1993, effective April 1, 1994. Revised and renumbered

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS STATE TREASURER, Plaintiff-Appellee, UNPUBLISHED October 20, 2016 v No. 327657 Lenawee Circuit Court BRADLEY BENCES, RANDIE BENCES, LC No. 14-005070-CZ Successor Power

More information

COURT RULES OF CRIMINAL PROCEDURE CHAPTER 12 TABLE OF CONTENTS

COURT RULES OF CRIMINAL PROCEDURE CHAPTER 12 TABLE OF CONTENTS COURT RULES OF CRIMINAL PROCEDURE CHAPTER 12 TABLE OF CONTENTS Section 1. Title... 2 Section 2. Purpose... 2 Section 3. Definitions... 2 Section 4. Fundamental Rights of Defendants... 4 Section 5. Arraignment...

More information

Case 3:10-cr FDW Document 3 Filed 04/07/10 Page 1 of 7

Case 3:10-cr FDW Document 3 Filed 04/07/10 Page 1 of 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION UNITED STATES OF AMERICA DOCKET NO. 3:1 OCR59-W v. PLEA AGREEMENT RODNEY REED CAVERLY NOW COMES the United States of America,

More information

Circuit Court Office Manager

Circuit Court Office Manager Circuit Court Office Manager 1000 Nature of Work This is very responsible administrative and legal work supervising the daily operations of four county courts (Criminal, Civil, Juvenile and General Sessions)

More information

VIRGIN ISLANDS SUPREME COURT RULES (as amended November 2, 2011)

VIRGIN ISLANDS SUPREME COURT RULES (as amended November 2, 2011) VIRGIN ISLANDS SUPREME COURT RULES (as amended November 2, 2011) RULE Rule 1. Scope of Rules; Terms; Sessions; Seal; Filing in Superior Court. (a) Title and Citation (b) Scope of Rules (c) Authority for

More information

Title 15: COURT PROCEDURE -- CRIMINAL

Title 15: COURT PROCEDURE -- CRIMINAL Title 15: COURT PROCEDURE -- CRIMINAL Chapter 105-A: MAINE BAIL CODE Table of Contents Part 2. PROCEEDINGS BEFORE TRIAL... Subchapter 1. GENERAL PROVISIONS... 3 Section 1001. TITLE... 3 Section 1002. LEGISLATIVE

More information

FREQUENCY OF SIGNATURE BONDS IN DANE COUNTY CRIMINAL CASES:

FREQUENCY OF SIGNATURE BONDS IN DANE COUNTY CRIMINAL CASES: FREQUENCY OF SIGNATURE BONDS IN DANE COUNTY CRIMINAL CASES: 2012-2016 A Report Submitted To The Public Protection & Judiciary Committee Of The Dane County Board of Supervisors from Judge Nicholas J. McNamara

More information

IN THE COURT OF APPEALS OF IOWA. No / Filed February 13, Appeal from the Iowa District Court for Fremont County, James M.

IN THE COURT OF APPEALS OF IOWA. No / Filed February 13, Appeal from the Iowa District Court for Fremont County, James M. IN THE COURT OF APPEALS OF IOWA No. 7-892 / 06-1102 Filed February 13, 2008 STATE OF IOWA, Plaintiff-Appellee, vs. BRIAN JAMES WARD, Defendant-Appellant. Appeal from the Iowa District Court for Fremont

More information

[Additions to the text are indicated in underlining and deleted text is shown by strikeover.]

[Additions to the text are indicated in underlining and deleted text is shown by strikeover.] Order August 24, 2012 ADM File No. 2011-28 Amendments of Rules 3.931, 3.977, 4.101, 4.201, 4.202, 4.401, 5.101, 6.610, 6.625, 6.907, 7.104, 7.105, 7.108, 7.116, 7.118, 7.119, 7.121, 7.123, 7.215, 7.309,

More information

6-1 CHAPTER 6 MAGISTRATE (F) MAGISTRATE COURT ESTABLISHED: JURISDICTION

6-1 CHAPTER 6 MAGISTRATE (F) MAGISTRATE COURT ESTABLISHED: JURISDICTION 6-1 CHAPTER 6 MAGISTRATE 6-2-2 (F) Article 6-1 MAGISTRATE COURT ESTABLISHED: JURISDICTION There is hereby established in the city a magistrate's court which shall have jurisdiction of all violations of

More information

ACLU-PA Overview of MDJ Fines and Costs Procedures

ACLU-PA Overview of MDJ Fines and Costs Procedures ACLU-PA Overview of MDJ Fines and Costs Procedures A. Courts Are Prohibited From: Setting payment plans that defendants cannot personally afford to pay. 1 Jailing defendants without holding a hearing and

More information

Rule No. 1: Family Court Commissioner Assignments and Stipulated Hearing Procedures

Rule No. 1: Family Court Commissioner Assignments and Stipulated Hearing Procedures Calumet County (Fourth Judicial District) Rule No. 1: Family Court Commissioner Assignments and Stipulated Hearing Procedures Rule No. 2: Juvenile Court Procedure Rule No. 3: In the Matter of the Release

More information

The Administrative Office of the Courts: Overview. William Childs Fiscal Research Division

The Administrative Office of the Courts: Overview. William Childs Fiscal Research Division The Administrative Office of the Courts: Overview William Childs Fiscal Research Division JPS General Fund Budget by Agency FY 2014-15 DOJ $83,291,693 3% Appropriation: Receipts: $2.4 billion $235 million

More information

CHAPTER 120 JUDGMENT AND SENTENCE ARTICLE 1

CHAPTER 120 JUDGMENT AND SENTENCE ARTICLE 1 CHAPTER 120 JUDGMENT AND SENTENCE NOTE: Chapter 120 provides procedural provisions relating to judgment and sentencing. For other provisions relating to the disposition of offenders, see 9 GCA Chapter

More information

REGULATIONS FOR THE APPOINTMENT OF COUNSEL IN THE FOURTEENTH JUDICIAL DISTRICT IN CASES UNDER THE INDIGENT DEFENSE SERVICES ACT

REGULATIONS FOR THE APPOINTMENT OF COUNSEL IN THE FOURTEENTH JUDICIAL DISTRICT IN CASES UNDER THE INDIGENT DEFENSE SERVICES ACT REGULATIONS FOR THE APPOINTMENT OF COUNSEL IN THE FOURTEENTH JUDICIAL DISTRICT IN CASES UNDER THE INDIGENT DEFENSE SERVICES ACT I. Preamble Pursuant to Rule 1.5 of the Rules for the Continued Delivery

More information

TITLE 3 MUNICIPAL COURT 1

TITLE 3 MUNICIPAL COURT 1 3-1 TITLE 3 MUNICIPAL COURT 1 CHAPTER 1. CITY JUDGE. 2. COURT ADMINISTRATION. 3. WARRANTS, SUMMONSES AND SUBPOENAS. 4. BONDS AND APPEALS. 5. SEARCH AND SEIZURE. 6. MUNICIPAL ADMINISTRATIVE HEARING OFFICER.

More information

SENATE, No. 881 STATE OF NEW JERSEY. 215th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

SENATE, No. 881 STATE OF NEW JERSEY. 215th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION SENATE, No. STATE OF NEW JERSEY th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 0 SESSION Sponsored by: Senator RAYMOND J. LESNIAK District 0 (Union) SYNOPSIS Amends special probation statute to give

More information

63rd District Court 1950 East Beltline Avenue, Grand Rapids, MI Phone: (616) Fax: (616)

63rd District Court 1950 East Beltline Avenue, Grand Rapids, MI Phone: (616) Fax: (616) 63rd District Court 1950 East Beltline Avenue, Grand Rapids, MI 49525 Phone: (616) 632-7770 Fax: (616) 363-6124 Mission The 63rd District Court is a county funded independent branch of government committed

More information

Where the Reform Is Coming From

Where the Reform Is Coming From CML 96 th Annual Conference June 19-22, 2018 Vail Criminal Justice Reform: What Municipalities Can Expect Presented By: Judge Robert Frick, Presiding Judge, City of Longmont Judge Shawn Day, Presiding

More information

THE SUPREME COURT OF NEW HAMPSHIRE THE STATE OF NEW HAMPSHIRE JOHN T. BRAWLEY. Argued: June 14, 2018 Opinion Issued: September 18, 2018

THE SUPREME COURT OF NEW HAMPSHIRE THE STATE OF NEW HAMPSHIRE JOHN T. BRAWLEY. Argued: June 14, 2018 Opinion Issued: September 18, 2018 NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme

More information

Session of HOUSE BILL No By Committee on Corrections and Juvenile Justice 1-18

Session of HOUSE BILL No By Committee on Corrections and Juvenile Justice 1-18 Session of 0 HOUSE BILL No. 00 By Committee on Corrections and Juvenile Justice - 0 AN ACT concerning crimes, punishment and criminal procedure; relating to sentencing; possession of a controlled substance;

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS WARREN DROOMERS, 1 Plaintiff-Appellee, UNPUBLISHED June 30, 2005 v No. 253455 Oakland Circuit Court JOHN R. PARNELL, JOHN R. PARNELL & LC No. 00-024779-CK ASSOCIATES,

More information

DEFERRED PROCEEDINGS

DEFERRED PROCEEDINGS DEFERRED PROCEEDINGS DEFERRED PROCEEDINGS Deferred Disposition Table of Contents Deferred Disposition Order... 90 Deferred Disposition Order: Defendant Under Age 25 - Moving Violation... 92 Deferred Disposition:

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS JOSEPH P. GALASSO, JR., REVOCABLE LIVING TRUST, UNPUBLISHED May 15, 2012 Plaintiff-Appellant, v No. 303300 Oakland Circuit Court SURVEYBRAIN.COM, LLC and DAVID LC No.

More information

[Bail] Pretrial release. A. Hearing. (1) Time. The court shall conduct a hearing under this rule and issue an order setting conditions of

[Bail] Pretrial release. A. Hearing. (1) Time. The court shall conduct a hearing under this rule and issue an order setting conditions of 6-401. [Bail] Pretrial release. A. Hearing. (1) Time. The court shall conduct a hearing under this rule and issue an order setting conditions of release as soon as practicable, but in no event later than

More information

IN THE SUPREME COURT STATE OF FLORIDA PETITIONER S BRIEF ON JURISDICTION

IN THE SUPREME COURT STATE OF FLORIDA PETITIONER S BRIEF ON JURISDICTION IN THE SUPREME COURT STATE OF FLORIDA JACK WATKINS, HUNTER, BERNIE SIMPKINS, ET. AL. Case Number: SC09- Petitioners, 5 th DCA Number: 5D08-162 v. SCOTT ELLIS AS BREVARD COUNTY CLERK OF COURT, Respondent.

More information

STATUTES / RULES OF CRIMINAL PROCEDURE: Probation Revocations

STATUTES / RULES OF CRIMINAL PROCEDURE: Probation Revocations STATUTES / RULES OF CRIMINAL PROCEDURE: Probation Revocations Rule 27.4. Initiation of revocation proceedings; securing the probationer's presence; arrest (a) INITIATION OF REVOCATION PROCEEDINGS. (1)

More information

PART A. Instituting Proceedings

PART A. Instituting Proceedings PROCEDURES IN SUMMARY CASES 234 CHAPTER 4. PROCEDURES IN SUMMARY CASES Committee Introduction to Chapter 4. PART A. Instituting Proceedings 400. Means of Instituting Proceedings in Summary Cases. 401.

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, UNPUBLISHED November 1, 2005 v No. 253553 Barry Circuit Court DEANDREA SHAWN FREEMAN, LC No. 03-100230-FH 03-100306-FH

More information

Pretrial release. A. Hearing. (1) Time. If a case is initiated in the district court, and the conditions of release have not been set by the

Pretrial release. A. Hearing. (1) Time. If a case is initiated in the district court, and the conditions of release have not been set by the 5-401. Pretrial release. A. Hearing. (1) Time. If a case is initiated in the district court, and the conditions of release have not been set by the magistrate or metropolitan court, the district court

More information

No UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. INTERNATIONAL REFUGEE ASSISTANCE PROJECT, et al. Plaintiffs-Appellees,

No UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. INTERNATIONAL REFUGEE ASSISTANCE PROJECT, et al. Plaintiffs-Appellees, Intl Refugee Assistance v. Donald J. Trump Doc. 55 No. 17-1351 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT INTERNATIONAL REFUGEE ASSISTANCE PROJECT, et al. Plaintiffs-Appellees, v. DONALD J.

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Qua Hanible, : Petitioner : : v. : : Pennsylvania Board : of Probation and Parole, : No. 721 C.D. 2014 Respondent : Submitted: November 7, 2014 BEFORE: HONORABLE

More information

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 2:12. APPEALS ON CERTIFICATION TO THE SUPREME COURT

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 2:12. APPEALS ON CERTIFICATION TO THE SUPREME COURT RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 2:12. APPEALS ON CERTIFICATION TO THE SUPREME COURT 2:12-1. Certification on Motion of the Supreme Court The Supreme Court may on its own motion

More information

ENGROSSED HOUSE BILL State of Washington 62nd Legislature 2011 Regular Session

ENGROSSED HOUSE BILL State of Washington 62nd Legislature 2011 Regular Session ENGROSSED HOUSE BILL 1775 State of Washington 62nd Legislature 2011 Regular Session By Representatives Goodman and Kagi Read first time 02/01/11. Referred to Committee on Early Learning & Human Services.

More information

COLORADO Restraining Order against defendant

COLORADO Restraining Order against defendant 18-1-1001 Restraining Order against defendant COLORADO (1) There is hereby created a mandatory restraining order against any person charged with a violation of any of the provisions of this title, which

More information

RULE 509. USE OF SUMMONS OR WARRANT OF ARREST IN COURT CASES.

RULE 509. USE OF SUMMONS OR WARRANT OF ARREST IN COURT CASES. RULE 509. USE OF SUMMONS OR WARRANT OF ARREST IN COURT CASES. If a complaint charges an offense that is a court case, the issuing authority with whom it is filed shall: (1) issue a summons and not a warrant

More information

IMPROVE OVERSIGHT OF THE TEXAS COUNTY JUDGE SALARY SUPPLEMENT

IMPROVE OVERSIGHT OF THE TEXAS COUNTY JUDGE SALARY SUPPLEMENT IMPROVE OVERSIGHT OF THE TEXAS COUNTY JUDGE SALARY SUPPLEMENT Texas has 254 constitutional county judges, one for each county. These judges serve as the presiding officers of the county commissioners courts

More information

STATE OF NEW JERSEY. ASSEMBLY, No th LEGISLATURE

STATE OF NEW JERSEY. ASSEMBLY, No th LEGISLATURE ASSEMBLY, No. STATE OF NEW JERSEY th LEGISLATURE INTRODUCED JUNE, 0 Sponsored by: Assemblyman SEAN T. KEAN District 0 (Monmouth and Ocean) Assemblyman DAVID P. RIBLE District 0 (Monmouth and Ocean) Co-Sponsored

More information

THE COURTS. Title 231 RULES OF CIVIL PROCEDURE. [ A motion for post-trial relief may not be filed in a case stated. ]

THE COURTS. Title 231 RULES OF CIVIL PROCEDURE. [ A motion for post-trial relief may not be filed in a case stated. ] 6068 Title 231 RULES OF CIVIL PROCEDURE PART I. GENERAL [231 PA. CODE CHS. 200 AND 1500] Miscellaneous Technical Amendments to Notes and Comments to Rules; No. 267; Doc. No. 5 Order Per Curiam: And Now,

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA JAMES E. OWENS, : Petitioner : : v. : NO. 1705 C.D. 1999 : SUBMITTED: April 12, 2000 PENNSYLVANIA BOARD OF : PROBATION AND PAROLE, : Respondent : BEFORE: HONORABLE

More information

NC General Statutes - Chapter 23 1

NC General Statutes - Chapter 23 1 Chapter 23. Debtor and Creditor. Article 1. Assignments for Benefit of Creditors. 23-1. Debts mature on execution of assignment; no preferences. Upon the execution of any voluntary deed of trust or deed

More information

I. Setting Conditions of Release A. New Rebuttable Presumption Against Release - Firearm Offenses

I. Setting Conditions of Release A. New Rebuttable Presumption Against Release - Firearm Offenses MEMORANDUM TO: Superior Court Judges District Court Judges Magistrates Clerks of Superior Court District Attorneys Public Defenders FROM: Troy D. Page Assistant Legal Counsel DATE: RE: Pretrial Release

More information