State v. Schouweiler

Appellant was charged with the issuance of a dishonored check in violation of the dishonored-check statute when her check for past-due property taxes was returned by her bank for insufficient funds. The district court dismissed the criminal complaint, concluding that Appellant’s check for past-due property taxes met the statutory exception for “a check given for a past consideration” because there was no contemporaneous exchange of goods or services for the check. The court of appeals reversed. The Supreme Court reversed, holding (1) “a check given for a past consideration” refers to a check given for a good or service that was received in the past; and (2) because Appellant’s check for past-due property taxes was given, in part, for government services provided in the previous year, her check was “given for a past consideration.” View "State v. Schouweiler" on Justia Law