Legal Opinion
People v. Swink
California Court of Appeal
Decided January 19, 1984No. Civ. 28641PublishedCited by 10 opinions
1Opinion of the Court
Opinion
WORK, J.
Zola B. Swink appeals an order denying her motion for discharge of forfeiture of cash bail she had posted to guarantee the municipal court appearance of an acquaintance. She contends the trial court erred because (1) failure to conform to the procedural requirements of former Penal Code 1 section 1305 compels discharge; (2) the forfeiture in this manner violated her right to due process of law (5th, 14th Amends. to U.S. Const. and Cal. Const., art. I, §§ 7, 15); (3) the municipal court should be estopped from relying on the filing time limits of section 1305; and (4) general…
2Cases cited22 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Armstrong v. ManzoSupreme Court of the United States · 1965
- Cafeteria & Restaurant Workers Union, Local 473 v. McElroySupreme Court of the United States · 1961
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3Cited by10 opinions
- People v. American Bankers Insurance Co. of FloridaCalifornia Court of Appeal · 1991
- Minor v. Municipal CourtCalifornia Court of Appeal · 1990
- Nasir v. Sacramento County Office of District AttorneyCalifornia Court of Appeal · 1992
- Petrillo v. Bay Area Rapid Transit DistrictCalifornia Court of Appeal · 1988
- People v. Accredited Surety and Casualty etc.California Court of Appeal · 2013
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