State v. Punio

The Supreme Court vacated the decision of the intermediate court of appeals’ (ICA) affirming the circuit court’s “Order Denying Application of Surety Providing Good Cause as to Why Execution Should Not Issue as to Judgment of Forfeiture,” holding that the circuit court erred as a matter of law.Defendant Joselyn Punion made an oral motion to set aside the bail bond forfeiture. The circuit court denied the motion, requiring a written motion to set aside the bail bond forfeiture and required the motion be filed by J & J Bail Bonds. The Supreme Court held that the circuit court erred as a matter of law when it did not consider Defendant’s motion and instead required that the surety file the motion and remanded this matter to the circuit court to consider Defendant’s motion to set aside the bail bond forfeiture. View "State v. Punio " on Justia Law