State v. Morris ( 2018 )

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STATE OF CONNECTICUT v. STANLEY MORRIS
(AC 40453)
Sheldon, Prescott and Elgo, Js.
Syllabus
The plaintiff in error, D Co., a bail bonds company, brought this writ of
error from the order of the trial court denying its motion for release
from its obligations under a certain surety bail bond that it had posted
on behalf of the defendant in the underlying criminal action. D Co.
claimed that the trial court violated its right to due process in numerous
ways during the adjudication of the bond forfeiture proceedings. Held
that the trial court properly denied D Co.’s motion for release from its
surety obligations; although D Co.’s unpreserved claims that the trial
court violated its right to due process during the adjudication of the
bond forfeiture proceedings were reviewable under State v. Golding
(213 Conn. 233), D Co.’s right to due process was not infringed in
any manner.
Argued April 23—officially released July 3, 2018
Procedural History
Writ of error from the order of the Superior Court in
the judicial district of Stamford-Norwalk, geographical
area number twenty, Hernandez, J., denying a motion
filed by the plaintiff in error for release from certain
surety bond obligations, brought to the Supreme Court,
which transferred the matter to this court. Writ of
error denied.
Thomas Becker, for the plaintiff in error (Dad’s Bail
Bonds, LLC).
Nancy L. Chupak, senior assistant state’s attorney,
with whom, on the brief, were Richard J. Colangelo,
Jr., state’s attorney, and Angela R. Macchiarulo, senior
assistant state’s attorney, for the defendant in error
(state).
Opinion
PER CURIAM. The plaintiff in error, Dad’s Bail
Bonds, LLC, brings this writ of error challenging the
judgment of the trial court denying its motion for release
from surety obligations arising out of a $45,000 bond it
had posted on behalf of the defendant in the underlying
criminal case, Stanley Morris. After Morris failed to
appear in court as required, the court ordered the bond
forfeited. The plaintiff in error claims that the trial court
violated its right to due process in numerous ways dur-
ing the adjudication of its motion for release and that,
pursuant to General Statutes § 54-65c, it was entitled
to release from its surety obligation.
The plaintiff in error’s procedural due process claims
were not preserved below, and we have, therefore,
reviewed them pursuant to the standard set forth in
State v. Golding, 213 Conn. 233, 239–40, 567 A.2d 823
(1989), as modified by In re Yasiel R., 317 Conn. 773,
781, 120 A.3d 1188 (2015). Having thoroughly reviewed
the record, we are not persuaded that the plaintiff in
error’s right to due process was infringed in any manner.
We also conclude that the court properly denied the
plaintiff in error’s motion for release from its surety
obligations. Accordingly, we affirm the judgment of the
trial court denying the plaintiff in error’s motion for
release.
The writ of error is denied.