State v. Piekkola

While I agree with the majority opinion to the extent that it holds that the respondent is entitled to the return of his fine and costs, I cannot concur in the opinion because of the procedural and jurisdictional defects which exist and the precedent which this decision will set. The order in this case, phrased in language of a judgment, was entered against Lawrence County, albeit naming the county treasurer, which was not a party, on a petition in the original criminal proceeding which is a collateral proceeding. I am convinced that such a remedy must be enforced by an independent civil…