Friday, January 13, 2012

Featured Case - Partee

Court of Appeals, 2011-CA-001054-MR

Marquisa Lavana Partee v. Commonwealth

Olu A. Stevens, Judge, Jefferson County

Not To be Published Opinion, Dismissing [Bond Conditions] Appeal

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Before: Moore, Nickell and Thompson, Judges.

Opinion by Judge Moore

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Partee was released pre-trial on her own recognizance.  Thereafter, the circuit court ordered her to submit to an inpatient evaluation at KCPC to determine criminal responsibility.  Upon completion of the evaluation, Partee was to be released once again on her own recognizance.

Partee filed an appeal to the COA pursuant to RCr 4.43, which permits an expedited appeal from a circuit court decision that changes “the conditions of bail.”  The COA held that since Partee was not released on bail, but on her own recognizance, the COA lacked jurisdiction to consider her appeal under RCr 4.43, and her only recourse is to file an original action under

CR 76.36.

            In a long footnote, the COA complained that RCr 4.43 was not followed in this appeal and was “not expedited in any manner.”   The COA scolded counsel for Partee as well as the Commonwealth for not moving the Court to comply with RCr 4.43(1)(d), once it became aware that the COA was not acting to decide the case in a timely manner.

Practice tip:   As the dissent points out, bail jumping charges have always applied if you fail to appear, whether it’s from OR or a regular bond.  This case suggests a defense an OR person has never had before.

Contributed by Susan Balliet