Legal Opinion · Dissent

United States v. Robert Jerome Skipper, Mrs. William E. McQuinn and Thomas H. Henderson, Iii, Sureties-Appellants

Court of Appeals for the Fifth Circuit

Decided January 9, 1981No. 79-2528Published

1DissentKravitch, Circuit Judge

Respectfully I dissent. This case hinges on the designation of the bond: Is it a recognizance bond, an unsecured appearance bond with special conditions, or a surety bond? The majority, as did the trial judge, concludes it is a surety bond and subject to forfeiture. I disagree.

From the beginning, the circumstances surrounding the matter of bail were marked by confusion and uncertainty. Upon the indictment of Skipper in Atlanta, the prae-cipe and warrant issued by the U.S. Attorney for the Northern District of Georgia recommended a surety bond in the amount of $10,000, the customary bond for…

2Cases cited7 opinions

  1. United States v. George B. Parr, Mary Elizabeth Ellis Saenz, Intervenor-Appellant, Clinton Manges, Surety, Movant-AppellantCourt of Appeals for the Fifth Circuit · 1979
  2. Adrian Lawrence Dudley v. United StatesCourt of Appeals for the Fifth Circuit · 1957
  3. United States of America, and v. Larry Kenneth Gonware, Glenn Holmes Bail Bond AgencyCourt of Appeals for the Ninth Circuit · 1969
  4. Nat Harrison Associates, Inc. v. Florida Power & L. Co.District Court of Appeal of Florida · 1964
  5. MacIntyre v. Green's Pool Service, Inc.District Court of Appeal of Florida · 1977

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