State v. Old West Bonding Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that time between defendant’s non- appearance and forfeiture hearing gives the surety “an opportunity to avoid or mitigate the forfeiture” by finding and surrendering the defendant or presenting other mitigating circumstances
• not possible to catalog all circumstances that might bear on court's discretionary decision whether and in what amount to forfeit appearance bond
• when a defendant is absent “due to incarceration,” that is merely one factor in deciding whether the absence was excused under Criminal Rule 7.4(c)(4)
• “[t]o give meaningful effect to both” subsections of rule, one of which used “shall” and the other “may,” court “construe[d] the word ‘may’ . . . as having its usual discretionary meaning”

Source: CourtListener parenthetical corpus (CC0).