State v. Nelson

In eight separate criminal cases, International Fidelity Insurance Company issued eight separate powers of attorney (POAs) to either Ida Peppers of Freedom Bail Bond or Charles Fisher of AAA Local Bail Bonds to execute a bail bond on behalf of the defendants in each case. In each case, the bonded defendant failed to appear, and the circuit court entered a judgment and order of forfeiture of bail bond. The court provided notice of those judgments to the surety listed on the bonds. International Fidelity moved to set aside each of the forfeiture judgments, arguing that it did not receive notice of the judgments as required under Haw. Rev. Stat. 804-51. The circuit court denied the motions. The intermediate court of appeals (ICA) affirmed, concluding that due process and the requirements of section 804-51 were satisfied when notice of the forfeiture judgments were issued to Peppers or Fisher. The Supreme Court affirmed, holding that the ICA did not err (1) in determining that notice to International Fidelity of the forfeiture judgments was not required by due process or under section 804-51; and (2) to the extent the forfeiture judgments were ambiguous, they were entered against the sureties on the bond - Peppers or Fisher. View "State v. Nelson" on Justia Law