State v. Davis

Summary

The Ohio Eleventh District Court of Appeals reversed and remanded an order prohibiting a bail surety from posting future bonds until a forfeited bond was paid. The court held that the trial court failed to follow the notice and opportunity-to-be-heard procedures required by Ohio Revised Code § 2937.36(C).

Holdings

1. The trial court abused its discretion by failing to follow the statutory bond-forfeiture procedures in R.C. 2937.36(C), including mailing notice of the forfeiture and allowing the surety between forty-five and sixty days to show cause why judgment should not be entered.
2. Because the trial court failed to follow the required statutory forfeiture procedures, its subsequent order prohibiting the surety from posting future bonds until the forfeited bond was paid was also erroneous.

Questions Presented

1. Whether the trial court abused its discretion by forfeiting a surety bond without following the procedures required by R.C. 2937.36(C).
2. Whether the trial court abused its discretion by both imposing a bond forfeiture and prohibiting the surety from posting additional bonds until the forfeiture was paid in full.

Disposition

reversed_and_remanded