Addison v. Albany County

The Supreme Court affirmed the order of the district court affirming the forfeiture of Scott Alan Addison’s $50,000 cash bond after Addison died prior to his criminal trial while subject to warrant for his arrest for violation of his bond conditions, holding that the doctrine of abatement ab initio did not apply to the bond forfeiture proceeding.Scott’s daughter, Kelly Addison, appealed the order affirming the forfeiture of Scott’s cash bond, arguing that the common law doctrine of abatement ab initio applied. The Supreme Court disagreed, holding that where Scott died prior to trial, leaving no judgment of conviction or proceedings under a judgment of conviction for the court to abate and where the bond forfeiture proceeding was a collateral proceeding unrelated to any final determination of Scott’s guilt or punishment, the doctrine of ab initio did not apply. View "Addison v. Albany County" on Justia Law