State v. Carroll

KENNETH W. SHRUM,

dissenting.

I respectfully dissent. I do so despite my agreement with the majority that a simple telephone call by the Sheriff to Appellant might have prevented this protracted litigation over an amount of money less than $3000.

I dissent because Appellant did virtually nothing to take advantage of the “first opportunity to return” it was given via section 374.770.2. I cannot agree that Appellant should be rewarded for its inaction. To the contrary, the policy underlying Missouri’s bail bond law supports the notion that Appellant should pay for Carroll’s return since Appellant…