Farnsworth v. State
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The Supreme Court affirmed in part and vacated in part the decision of the court of appeals in this postconviction proceeding declining to reverse Appellant's second-degree murder conviction but ordering the return of a previously-forfeited $50,000 cash bond, holding that postconviction relief was not a proper way to overturn the forfeiture order.
To obtain pretrial release, Defendant had to post a $200,000 cash bond with $50,000 subject to the condition that it would be forfeited for purposes of restitution if Defendant were convicted. Defendant was subsequently found guilty of second-degree murder. The district court denied Defendant's later-filed application for postconviction relief. The court of appeals reversed as to the bond forfeiture order, ruling that Defendant's counsel provided ineffective assistance in failing to challenge the order. The Supreme Court affirmed except as to the bond forfeiture issue, holding that postconviction relief was not available to set aside the order directing that Defendant's cash bond be forfeited for victim restitution.
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