State v. Sanders

In the unusual posture of this case, I dissent solely on the ground that the court is deciding what appears to be, in practical effect, a moot question. The original declaration of forfeiture is non-existent, never having matured to the point where a judgment could be entered pursuant to Rule 73 of the Rules of Criminal Procedure, and having been declared, instead, “of no effect” ; and the bonds have been “exonerated.” Now, the criminal cause having been dismissed, it is too late to declare a forfeiture of the bonds, the liability of the insurer having been terminated. State v. Veterans of…