State v. Call, 2009 WL 806583 (Ohio App. March 20, 2009)

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State v. Call, 2009 WL 806583 (Ohio App. March 20, 2009)

In State v. Call, 2009 WL 806583 (Ohio App. March 20, 2009) the defendant failed to appear for trial. The court held a show cause hearing and ordered forfeiture of the bond. After the hearing the surety located the defendant in another state and apprehended him. The surety was ready to transport him back to Ohio, but the law enforcement authorities of the other state kept him for formal extradition. The surety moved for relief from the forfeiture. The trial court denied the surety's motion without holding a hearing or explaining its decision and the surety appealed. The Court of Appeals held that the surety did not have a statutory right to exoneration because it did not return the defendant prior to the show cause hearing but that it did have a right to a reasoned decision on its request for remission. The Court vacated the judgment and remanded the case for the trial court to consider a number of factors in exercising its discretion whether to grant remission.

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