State v. Dorsey
2016 Ohio 3207
Ohio Ct. App.2016Background
- Defendant Rico Dorsey was indicted for felonious assault and abduction; posted a $45,000 surety bond through appellant You Walk Bail Bond Agency.
- Dorsey entered guilty/Alford pleas to amended charges but failed to appear for sentencing on July 30, 2014.
- The court ordered bond forfeited on August 1, 2014, and scheduled a forfeiture hearing for September 24, 2014; You Walk did not appear at that forfeiture hearing.
- Dorsey was later arrested on unrelated charges in Wisconsin on September 25, 2014; Lucas County placed a hold for the pending Ohio matter.
- You Walk sought vacatur of forfeiture and later moved for bond remission under R.C. 2937.39; the trial court denied remission and this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying You Walk's motion for bond remission | State: denial was proper because bond was properly forfeited and remission is discretionary; court considered relevant factors | You Walk: court failed to properly weigh R.C. 2937.39 factors and remission was appropriate because Wisconsin law made return of Dorsey impossible | Court affirmed: no abuse of discretion; trial court considered the factors and You Walk did not meet its burden |
| Whether R.C. 2937.36(C) (production of the body) barred forfeiture because Dorsey was in Wisconsin | State: R.C. 2937.36 applies to forfeiture hearings and was properly applied at the forfeiture; remission statute is separate | You Walk: nonproduction was excused as "impossibility" since Dorsey was in Wisconsin | Court rejected You Walk's attempt to relitigate forfeiture; R.C. 2937.36 does not govern remission and forfeiture was proper |
Key Cases Cited
- State v. Patton, 60 Ohio App.3d 99 (Ohio App. 6th Dist. 1989) (standard of review for remission of forfeited bonds)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse of discretion requires more than an error of judgment)
- State v. Am. Bail Bond Agency, 129 Ohio App.3d 708 (Ohio App. 10th Dist. 1998) (factors for considering bond remission)
- State v. Duran, 143 Ohio App.3d 601 (Ohio App. 6th Dist. 2001) (discussion of remission factors)