State v. Mulcahy, Minn.Ct.App., 6/11/2012. This case is about bail bonds. Mr. Mulcahy skipped bail, which resulted in an order to forfeit the bond that had been posted. Eventually, Mr. Mulcahy showed up in California and Minnesota hauled him back. The bonding company, meantime, was facing forfeiture of the bail bond so they were glad to see Mr. Mulcahy. They asked to reinstate the bond and then to be discharged. The court granted that request but imposed a ten cent penalty specified in Rule 702(f) of the General Rules of Practice.
The court of appeals holds that the district court has no discretion to waive this ten percent penalty. They reach this result based on a previous case, State v. Askland, 784 N.W.2d 60 (Minn. 2010).
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