Collins v. Daniels

In 2016, New Mexico legislature amends the state’s bail system to disfavor secured bonds. A trade association of bail bondsmen, along with a collection of state legislators and a criminal defendant, promptly sues the New Mexico Supreme Court, its justices, and various lower courts and officials, claiming that the new system violates the Excessive Bail Clause and the Due Process Clause. Trial court: Not only is the case dismissed, but one of the plaintiffs’ lawyers is sanctioned nearly $15k. Tenth Circuit: Affirmed. The lawsuit is a case study in “waste and distraction.”

Tags: 2019, Bail, Due Process, Excessive Bail Clause, Tenth Circuit

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