State v. Brooks

604 N.W.2d 345, 2000 WL 21365
CourtSupreme Court of Minnesota
DecidedMarch 15, 2000
DocketC1-98-2388
StatusPublished
Cited by55 cases

This text of 604 N.W.2d 345 (State v. Brooks) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Brooks, 604 N.W.2d 345, 2000 WL 21365 (Mich. 2000).

Opinions

OPINION

PAUL H. ANDERSON, Justice.

The overriding issue in this case is whether the Minnesota Constitution pro-Mbits monetary bail that can be satisfied only by a cash deposit of the full amount set by the court. Article I, Section 7 of the Minnesota Constitution provides that “[a]ll persons before conviction shall be bailable by sufficient sureties * * * .” Appellant, Wesley Eugene Brooks, asserts that a Scott County District Court order setting “cash only bail” violates this provision of Minnesota’s Constitution. On appeal, the Minnesota Court of Appeals held “cash only” bail constitutional. Because we conclude that cash only bail violates Minnesota’s Constitution, we reverse.1

The facts in this case are not in dispute. On August 27, 1998, Brooks, a resident of Prior Lake, Minnesota, began a one-year sentence to be served by electronic home monitoring. One condition of Brooks’ home momtoring was that he abstain from using any controlled substance. Because a urinalysis taken as Brooks was about to begin his sentence tested positive for cocaine, he was asked to take a second test on September 8, 1998. This test was also positive, indicating that Brooks had been using a controlled substance while on home monitoring. Because Brooks failed the second test, a police officer telephoned Brooks at his residence and spoke with him at approximately 8:30 a.m. on September 11, 1998. The officer informed Brooks that he was at Brooks’ residence to return Mm to jail. Brooks told the officer that he would “be right up,” but while the officer waited, Brooks fled.

On September 22, 1998, Scott County authorities charged Brooks with escape from custody under Minn.Stat. § 609.485, subd. 2(1), 4(1) (1998). Brooks was subsequently apprehended in Florida. On November 26, 1998, Scott County authorities traveled to Tampa, Florida, took Brooks into custody from Florida authorities, and [347]*347returned Mm to Minnesota. Four days later, on November 30, Brooks appeared for his bail hearing. At the hearing, the state specifically requested “cash bail,” stating that Brooks represented a flight risk. The judge set bail at $6,000, the statutory maximum for a gross misdemeanor, and further ordered that it be cash only. See Minn.Stat. § 629.471, subd. 1 (1998). At his next appearance on December 7, 1998, before the same judge, Brooks moved for bail reduction or to be allowed to post bond. The court denied the motion.

Two days later, on December 9, Brooks appeared for an omnibus/pretrial hearing before a different judge. At this hearing, Brooks again asked the court to reconsider the cash only bail order and moved the court to be allowed to post a bond, arguing that cash only bail is unconstitutional. The state argued that bail should remain cash only because Brooks: (1) represented a high flight risk, (2) had already served a one-year sentence from which he had absconded, and (3) was receiving a substantial income. The second judge demed the motion to allow Brooks to post bond, saying that the matter was already decided and that he would not act as a court of appeals to “reverse the decision made by a member of the bench sitting at the same level.”

Brooks filed a notice of appeal with the court of appeals arguing that cash only bail is unconstitutional. Both Brooks and the state submitted informal briefs to the court. Although the only transcript ordered and relied on by Brooks was from the December 9 hearing before the second judge, the state’s brief contained references to the two hearings before the first judge. Brooks moved to strike from the state’s brief those facts not contained in the district court record submitted to the court on appeal. The court of appeals then granted Brooks’ motion before receiving the state’s response although the period in which a timely response could have been received had not elapsed. See generally, Minn.R. Civ. App.P. 125.01, 125.03, 126.01, 127. In its response, the state argued that if the motion to strike was granted, then the court of appeals did not have jurisdiction to consider the appeal. More particularly, the state argued that because the order being appealed was issued by the first judge and because the second judge refused to reconsider that order, the appeal was not perfected unless it included the first judge’s order setting cash only bail and that judge’s subsequent order declining to reconsider bah.

The court of appeals in an unpublished opinion held that “cash only” bail does not violate the Minnesota Constitution. See State v. Brooks, 1999 WL 153793, at *2 (Minn.App. March 23, 1999). While the court recognized that cash only bail deprives a defendant of commercial bond services, it held that the phrase “sufficient sureties” does not create a constitutional right to post bond. See id. The court reasoned that “[t]he form of the security, as much as its sufficiency, is for the protection of the court and is not a matter of constitutional right to the defendant.” Id. On appeal to our court, Brooks asserts that the court of appeals erred and again argues that cash only bail violates Article I, Section 7 of the Minnesota Constitution.

I.

We must &st decide whether the issue presented in this case is moot. Courts will only decide actual controversies; therefore, appellate courts will dismiss an appeal as moot if an event occurs that renders the grant of effective relief impossible. See State ex rel. Lezer v. Tahash, 268 Minn. 571, 571, 128 N.W.2d 708, 708 (1964). An exception to this rule exists when an issue is capable of repetition, yet will evade judicial review. See In re Schmidt, 443 N.W.2d 824, 826 (Minn.1989). While this exception to the mootness doctrine is flexible, we have stated that in order for us to decide an issue, it must be “functionally justiciable.” See State v. Rud, 359 N.W.2d 573, 576 (Minn.1984). “A case is functionally justiciable if the [348]*348record contains raw material * * ⅜.tradi-tionally associated with effective judicial decision-making.” Id. Appellate courts also consider whether the issues presented are “important public issues of statewide significance that should be decided immediately.” Id.

At oral argument, Brooks’ attorney informed the court that Brooks posted the $6,000 bail in cash and is no longer in custody. Although Brooks’ appeal to this court may, as a consequence, be moot, we reach the merits of his case because cash only bail orders are capable of repetition, likely to evade.judicial review, and an issue of statewide significance. Less than a year ago, in State v. Arens, we were presented with a cash only bail issue which originated in Lyon County. 586 N.W.2d 131 (Minn.1998). That this issue has reached this court twice in one year from two different jurisdictions indicates that the issue is both significant and capable of repetition. Additionally, cash only bail is an important public issue of statewide significance upon which this court should rule. Most pretrial bail issues are, by definition, short-lived and failure to decide this issue could have a continuing adverse impact on those defendants who are unable to post cash only bail. Indeed, failure to address this issue may create a class of defendants with constitutional claims but no remedy.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Minnesota v. David Powers
Court of Appeals of Minnesota, 2024
In re Kowalczyk
California Court of Appeal, 2022
Cruz-Guzman v. State
916 N.W.2d 1 (Supreme Court of Minnesota, 2018)
State v. Roy
910 N.W.2d 477 (Court of Appeals of Minnesota, 2018)
City of Golden Valley v. Wiebesick
899 N.W.2d 152 (Supreme Court of Minnesota, 2017)
Ethan Dean v. City of Winona
868 N.W.2d 1 (Supreme Court of Minnesota, 2015)
State of Minnesota v. Joseph John West, IV
Court of Appeals of Minnesota, 2015
Timothy M. Dwyer
2015 WY 34 (Wyoming Supreme Court, 2015)
Saunders v. Hornecker
2015 WY 34 (Wyoming Supreme Court, 2015)
State of Minnesota v. Erick Antwan Casey
Court of Appeals of Minnesota, 2015
In Re the GUARDIANSHIP OF Jeffers J. TSCHUMY, Ward
853 N.W.2d 728 (Supreme Court of Minnesota, 2014)
State v. Barton
Washington Supreme Court, 2014
State v. Vang
847 N.W.2d 248 (Supreme Court of Minnesota, 2014)
Nielsen v. 2003 Honda Accord
845 N.W.2d 754 (Supreme Court of Minnesota, 2013)
State v. Juarez
837 N.W.2d 473 (Supreme Court of Minnesota, 2013)
State v. Thomas
831 N.W.2d 914 (Court of Appeals of Minnesota, 2013)
McCaughtry v. City of Red Wing
831 N.W.2d 518 (Supreme Court of Minnesota, 2013)
Schowalter v. State
822 N.W.2d 292 (Supreme Court of Minnesota, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
604 N.W.2d 345, 2000 WL 21365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brooks-minn-2000.