Opinion

Safety National Casualty Corp. v. State

  • 273 S.W.3d 157
  • 2008 Tex. Crim. App. LEXIS 641
  • 2008 WL 2081488
Court
Court of Criminal Appeals of Texas
Filed
May 14, 2008
Status
Published
Author
Cochran
On the bench
Meyers, Keller, Price, Womack, Johnson, Keasler, Hervey, Holcomb, Cochran
Cited by
83 cases

explaining that statutory inadequacies are best left to the legislature to remedy

How later courts described this case

  • explaining that statutory inadequacies are best left to the legislature to remedy
  • “Nisi means ‘unless,’ so a judgment nisi is valid unless a party shows cause why it should be withdrawn.”
  • describing judgment nisi as a provisional judgment that may later become final
  • after granting review on issue of constitutionality of art. 22.16(a), granting on Court’s own motion question of constitutionality of art. 22.13(a)(5)

Written by the judges who cited it.

The opinion

COCHRAN, J.,

concurring.

The State discusses several valid reasons why Article 22.13, dealing with the exoneration of a bail bond, may be a counterproductive statute that ties the hands of judges and thwarts the purpose of having a surety in the first place. Nonetheless, I agree with the majority that these deficits do not rise to the level of an unconstitu *165 tional violation of the separation-of-powers doctrine. These are matters that are best left to the Legislature and to Safety National Casualty Corp. Concurring Opinion Page 2 local governments that may increase their reliance upon non-profit Pretrial Services programs. The majority aptly notes, “Bail bonding is a business[.]” 1 Indeed it is. To the extent that the interests of the bail bond business and the needs of the criminal justice system are not on the same track, local and state governments are free to make appropriate adjustments. Courts do not decide the wisdom of such laws, they decide only their constitutionality.

I therefore join the majority opinion.

. Majority Op. at 164.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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