Thomas McCarthy Missouri Cases

Cordell Nichols, Jr. appealed a declaratory judgment in favor of Judge Thomas McCarthy, seeking a declaration that Missouri Supreme Court Rule 33.01(c) requires consideration of a defendant's ability to pay when setting monetary conditions of release in an initial arrest warrant. The appellate court affirmed the trial court's judgment. It held that Rules 22.04 and 33.01 require courts to rely only on "available information" when setting bond in an initial warrant, and this generally does not include ability-to-pay information. The court further held that the rules do not impose an obligation on police, prosecutors, or courts to investigate a defendant's financial resources before an initial arrest warrant is issued.

Cordell Nichols, Jr. appealed the dismissal of his petition for declaratory judgment, which sought a declaration that the circuit court must consider a defendant's ability to pay when setting monetary bail conditions. The circuit court dismissed the petition, finding Nichols had an adequate remedy at law through remedial writs. The appellate court reversed and remanded, holding that the denial of a remedial writ without opinion does not constitute a decision on the merits and therefore does not provide an adequate remedy at law, entitling Nichols to seek a declaration of rights.