State v. Musgrove, 14760
| Decision Date | 24 April 1980 |
| Docket Number | No. 14760,14760 |
| Citation | 187 Mont. 549,37 St.Rep. 755,610 P.2d 710 |
| Parties | The STATE of Montana, Plaintiff and Respondent, v. Thurman J. MUSGROVE, Defendant and Appellant, and International Fidelity Insurance Company, Appellant. |
| Court | Montana Supreme Court |
Mulroney, Delaney, Dalby & Mudd, Missoula, for defendant and appellant.
Mike Greely, Atty. Gen., Helena, M. Shaun Donovan, County Atty., Superior, for plaintiff and respondent.
International Fidelity Insurance Company (herein referred to as the insurance company) appeals from the order and judgment of the Mineral County District Court discharging half of the forfeiture of a $50,000 bail bond. The insurance company contends first, that the trial court erred in excluding relevant, admissible evidence concerning the excuse of mental illness offered to exonerate the bond forfeiture, and second, that there is insufficient evidence to support the trial court's determination.
Defendant Musgrove was charged with mitigated deliberate homicide, and a $50,000 bail bond was posted by the insurance company. During the course of the defendant's trial in January 1979, the defendant was free under the insurance company's bond. The defendant attended all the proceeding during the course of the trial. On Friday, January 26, 1979, the trial court recessed the trial at the close of the evidence. The defendant was required to appear the following Monday, when final arguments to the jury were to take place. The defendant failed to appear on Monday, having left Montana and fled to Texas over the weekend. The trial court desiring to avoid a mistrial, recessed the defendant's trial until Wednesday, February 7, 1979.
Following the defendant's failure to appear, the trial court entered an order declaring that the insurance company's surety bond be forfeited in its entirety; and also issued a bench warrant for the defendant's arrest. The defendant, at the urging of and with the assistance of the insurance company's representatives, surrendered to law enforcement officers in Mineral County on February 6, 1979. The defendant attended the final day of trial on February 7, 1979, and was convicted and sentenced.
The insurance company petitioned the trial court, pursuant to section 46-9-503, MCA, to enter an order discharging the bond forfeiture. A hearing was held on February 21, 1979; and the trial court found that the defendant willfully failed to appear for the conclusion of his trial on January 29, 1979 and departed the State of Montana to the State of Texas. The trial court further found that the defendant was returned to Montana and surrendered himself to the Mineral County Sheriff on February 6, 1979, through the efforts and with the assistance of representatives of the insurance company. The trial court ordered that the forfeiture of the $50,000 bond be discharged in the amount of $25,000; and entered judgment against the defendant and the insurance company in the amount of $25,000. This appeal followed.
The controlling statute is section 46-9-503(3), MCA, which provides:
"If at any time within 30 days after the forfeiture the defendant or his bail appear and satisfactorily excuse his negligence or failure to comply with the conditions of the bail, the court, in its discretion, may direct the forfeiture of the bail to be discharged upon such terms as may be just."
The insurance company's sole ground for relief from the bond forfeiture was the defendant's mental condition constituted, under section 46-9-503(3), a satisfactory excuse for the defendant's failure to appear on January 29, 1979. At the hearing the insurance company offered evidence to demonstrate that the defendant was in such a mental state, involving acute distress, as to be suicidal in nature, which prompted him to flee to Texas.
After leaving Montana and fleeing to Texas, the defendant went to and admitted himself into the Villa Rosa Hospital in San Antonio, Texas, on January 31, 1979. Dr. Allen C. Chittenden examined the defendant on February 1, 1979, and diagnosed the defendant as suffering from psychotic depression-suicide. Dr. Chittenden's report was admitted into evidence at the hearing. Additionally, on the morning of the bond forfeiture-exoneration hearing, Dr. Chittenden called the trial judge and expressed that his main concern was that the defendant might attempt suicide while being incarcerated.
Jean Ganatta, the representative of the insurance company who brought the defendant back to Montana, testified that the defendant appeared in her office in Pueblo, Colorado on Saturday, February 3, 1979. Ganatta testified that the defendant looked terrible, was very nervous, shaking all over, and looked like he was scared to death.
The insurance company contends that the trial court erred in excluding relevant, admissible evidence directly concerning the excuse of mental illness offered to exonerate the bond forfeiture. The insurance company unsuccessfully attempted to offer testimony of the defendant's wife as to her observations of the defendant's appearance and condition.
The trial court improperly excluded the wife's opinion testimony. The wife's opinion testimony was offered by the insurance company in order to meet the statutory criteria of satisfactory excuse for defendant's failure to appear. Under Rule 701, M.R.Evid., opinion testimony of a lay witness is admissible. Here the wife's observations as to the defendant's appearance and condition is clearly relevant, admissible lay opinion testimony.
Additionally, the trial court improperly commented upon the defendant's state of mind concerning the defendant's failure to appear when it said:
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State v. Coates
...mirrored the testimony of the prosecuting attorney at appellant's trial. In contrast to the case at bar stands State v. Musgrove (1980), 187 Mont. 549, 610 P.2d 710, where we found that the trial judge's comments indicated bias, or an unwillingness to consider evidence. In Musgrove, the def......
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State v. Seybert, 88-15
...or surety, nor to increase the revenue of the State," Seybert, 745 P.2d at 689, 44 St.Rep. at 1882 (quoting State v. Musgrove (1980), 187 Mont. 549, 553, 610 P.2d 710, 712), but rather to honor the presumption of innocence, to allow a defendant to prepare his case, and to ensure the defenda......
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State v. Seybert, 87-342
...is not the purpose of bail to punish a defendant or surety, nor to increase the revenue of the state." State v. Musgrove (1980), 187 Mont. 549, 553, 610 P.2d 710, 712 (Musgrove I ). Under the facts and circumstances of this case, we find the excessive forfeiture constituted an abuse of disc......
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State v. Musgrove, 82-101
..."[o]ur review of the record leaves no doubt that the $25,000 bond forfeiture was imposed as a penalty." State v. Musgrove (1980), Mont., 610 P.2d 710, 713, 37 St.Rep. 755, 759. Another bail discharge hearing was held on December 1, 1981, and judgment was entered on January 11, 1982. This ti......