Legal Opinion
State v. Mitchell
Supreme Court of South Carolina
Decided November 8, 2017No. Appellate Case 2016-000980; Opinion 27747PublishedCited by 1 opinion
1Opinion of the Court
JUSTICE JAMES:
This appeal arises from an order estreating a surety bond and remitting one-half of the bond forfeiture. The court of appeals affirmed in an unpublished opinion. State v. Mitchell, 2016 WL 640522, Op. No. 2016-UP-070 (S.C. Ct. App. filed Feb. 17, 2016). We affirm the court of appeals’ holding that the bond estreatment was proper and that the amount of forfeiture remitted was not arbitrary or capricious. We hold that the circuit court may consider the willfulness of a bondsper-son’s actions, in addition to the willfulness of a defendant’s actions, when determining whether, and to…
2Cases cited8 opinions
- State v. HollowaySupreme Court of South Carolina · 1974
- Pride v. AndersSupreme Court of South Carolina · 1976
- State v. McClintonSupreme Court of South Carolina · 2006
- United States v. George B. Parr, Clinton Manges, Movant-Appellant, Evangelina P. Parr, Etc., Intervenor-AppellantCourt of Appeals for the Fifth Circuit · 1977
- Ex Parte Polk v. BartinickiCourt of Appeals of South Carolina · 2003
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State v. TuckerCourt of Appeals of South Carolina · 2021