486 S.W.3d 240
Ark. Ct. App.2016Background
- BBB appeals a bond-forfeit judgment entered May 4, 2015 in the Pulaski County Circuit Court, and the appellate court affirms.
- BBB executed a $10,000 bail bond for Harris on April 10, 2013; Harris failed to appear on July 22, 2013.
- An order to show cause and summons directed BBB to appear October 14, 2013, but the show-cause hearing was never held.
- Notice mailed August 19, 2014 to Harris for a September 4, 2014 hearing was returned undelivered; Harris again failed to appear.
- A show-cause hearing was reset for May 4, 2015; BBB presented testimony that Harris was at times in custody and that BBB’s license had been revoked since October 2014, hindering efforts to locate him.
- The trial court forfeited the bond, and BBB timely appealed, arguing notice noncompliance invalidates the forfeiture.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BBB preserved the notice-noncompliance challenge | BBB | State | Not preserved; affirmed on other grounds. |
| Whether notice compliance under 16-84-207(a) affects appearance obligation | BBB | State | Court upheld appearance obligation and notice sufficiency for forfeiture. |
| Whether the forfeiture was properly pursued under 16-84-207(b) and procedures followed | BBB argues improper procedures | State adhered to statutory procedure | Procedures followed; forfeiture upheld. |
Key Cases Cited
- First Arkansas Bail Bonds, Inc. v. State, 373 Ark. 463 (2008) (preservation and argument requirements for bond-forfeiture appeals)
- Hollis v. State, 346 Ark. 175 (2001) (arguments must be supported with authority)