The Missouri Supreme Court has denied the motion to hear the case appealed by L&C Investments and Doug Cheatham. The appellant ruling stands which ruled that L&C was responsible for a bond, after sentencing, when a stay of execution was granted. The defendant, Mark Wilson, failed to surrender himself for commitment and the bond was ordered forfeited. The appeal court said that L&C should have kept itself informed of Wilson's case, and if it did not want to be obligated for Wilson's release upon the stay of execution of his sentence, L&C could have surrendered Wilson to the custody of law enforcement. L&C was not present when the sentence was ordered and the stay granted. This ruling becomes case law for Missouri bonding companies. If a stay of execution is granted, courts can now hold bonding companies on the bond until the defendant is committed to DOC. Last week L&C filed a motion with the local court asking for a judicial review to modify or set aside the judgment.
Previous Coverage:
L&C Investments Appeals to Supreme Court
Appellant Court Rules Against L&C
Monday, November 20, 2006
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We are condfident that the court is going to modify the judgment to costs of the appeal process and costs to the sheriff's department for apprehending Mark Wilson. Furthermore if they do not we have a suit ready to be filed in Federal Court for damges and an injunction against Buchanan County. The state says and I believe it was included in the paperwork that I emailed to you that the court has to notify us if the conditions of the bond change or if the defendant has been convicted. Thus this is a 14th ammendment violation. Also we interviewed Mark Wilson at the DOC and he said that the only reason he was granted the stay of execution was that the prosecution wanted his cooperation in testifying against other people, thus this contitutes conspiracy. Also we have 90 days to apply to the United States Supreme Court for a writ of certeori, last week the New Mexico Supreme Court ruled that a surety is only responsible for apperance, since there is conflicting case law amongst two states the US Supreme Court must review the case and make the final decesion. Email me if you have any other questions and the law suit against the MDOI will be filed finally next week.
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