State v. Mitchell
27747
| S.C. | Nov 8, 2017Background
- Deangelo Mitchell was released on a consolidated $150,000 surety bond with conditions including house arrest and electronic monitoring.
- AA Ace Bail by Frances (bondsperson Frances Jenkins) and Palmetto Surety Corp. (Bond Company) executed the bond.
- Mitchell repeatedly violated electronic monitoring/house arrest; the monitoring company repeatedly notified Jenkins, who did not surrender him.
- The circuit court found Mitchell not credible about ignorance of conditions, found willful violations by Mitchell and willful failure to supervise by Jenkins, revoked bond, and ordered estreatment of $75,000 of the $150,000 bond.
- The court of appeals affirmed; the Supreme Court granted certiorari and affirmed, holding the estreatment and the partial remission were within the circuit court’s discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a surety bond may be estreated for breaches of bond conditions other than failure to appear | State: bond purpose includes assuring appearance and good behavior; nonappearance is not the only ground for estreatment | Bond Company: surety's role is to ensure appearance; once defendant is surrendered/appears, estreatment should be remitted | Court: estreatment proper for breaches of bond conditions (e.g., house arrest/electronic monitoring); surety remains liable despite appearance/surrender |
| Whether the amount of forfeiture remitted was arbitrary or capricious | State: circuit court properly weighed Polk factors and bondsperson’s willfulness; remitted amount reasonable | Bond Company: remittance arbitrary because Mitchell appeared and State incurred no prosecutorial costs or prejudice | Court: remittance not arbitrary; circuit court permissibly considered bondsperson’s willful failure to supervise in addition to Polk factors |
Key Cases Cited
- Ex parte Polk, 354 S.C. 8, 579 S.E.2d 329 (Ct. App. 2003) (sets factors for remission of bond forfeiture)
- Pride v. Anders, 266 S.C. 338, 223 S.E.2d 184 (S.C. 1976) (surety liable for principal’s default; surrender is not automatic exoneration)
- Holloway, 262 S.C. 552, 206 S.E.2d 822 (S.C. 1974) (procedures for estreatment and remission)
- State v. Boatwright, 310 S.C. 281, 423 S.E.2d 139 (S.C. 1992) (recognizes bond conditions beyond appearance)