Legal Opinion · Dissent

Castaneda v. State

Court of Criminal Appeals of Texas

Decided June 30, 2004No. 2012-01 - 2016-01Published

1DissentCochran, J.

I respectfully dissent. The Court reverses four out of five bond forfeiture final judgments for the State and imposes final judgments for the bondsman on an issue and a statute that neither party relied upon in the trial court nor in the court of appeals. First, the Court bases its decision upon an interpretation of a statute that neither this, nor any other appellate court, has ever made. Second, I believe that the Court misreads article 17.16(a)(2) & (b), the bail bond statute upon which it relies, as well as that statute’s purpose. Third, I think the Court misconstrues the underlying…

2Cases cited23 opinions

  1. Albright v. OliverSupreme Court of the United States · 1994
  2. Demore v. KimSupreme Court of the United States · 2003
  3. Stack v. BoyleSupreme Court of the United States · 1952
  4. Forbau Ex Rel. Miller v. Aetna Life Insurance Co.Texas Supreme Court · 1994
  5. R & P Enterprises v. LaGuarta, Gavrel & Kirk, Inc.Texas Supreme Court · 1980

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