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State v. Porter

Intermediate Court of Appeals of Hawai'i

December 17, 2014

STATE OF HAWAI'I, Plaintiff-Appellee,
v.
MARCELL PORTER, Defendant-Appellee,
v.
EXODUS BAIL BOND, Real Party in Interest-Appellant

Editorial Note:

This decision is published in table format in the Hawai'i reporter

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT. (CRIMINAL NO. 12-1-0143).

On the briefs: Anthony T. Fujii for Real Party in Interest-Appellant.

Brian R. Vincent for Plaintiff-Appellee.

Foley, Presiding J., Leonard and Reifurth, JJ.

SUMMARY DISPOSITION ORDER

The instant appeal arises from the denial of a motion to set aside a bail forfeiture. Real Party in Interest-Appellant, Exodus Bail Bond (Exodus), appeals from the October 28, 2013 " Findings of Fact, Conclusions of Law, and Order Denying Exodus Bail Bonds' Motion for [sic] to Set-Aside Bail Forfeiture" entered in the Circuit Court of the First Circuit[1] (circuit court).

Exodus contends the circuit court erred in:

(1) finding that Exodus' " Motion to Set-Aside Bail Forfeiture" was untimely;

(2) considering the representations made via teleconference by bail agent Angela Levy from U.S. Bail in New York; and

(3) finding that Plaintiff-Appellee State of Hawai'i (State) was not obligated to extradite Defendant-Appellee Marcell Porter (Porter) from New York to Hawai'i.

Upon careful review of the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised by the parties, as well as the relevant statutory and case law, we conclude that Exodus' appeal is without merit.

Exodus failed to establish good cause as to why the circuit court should set aside its May 2, 2013 " Judgment and Order of ...


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