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eBook details

• Title: Esensoy v. Board of Pardons and Paroles
• Author : Alabama Supreme Court
• Release Date : January 20, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

On March 29, 1995, George C. Esensoy was arrested and charged with trafficking in cocaine. Gulf Bonding Company posted a $50,000 bond for his release. On the day of Esensoy's trial, he left during a lunch break and did not return. The Cullman Circuit Court ordered that his bond be forfeited. The forfeiture was made final on March 16, 1996. Esensoy voluntarily surrendered on May 23, 1996. He was subsequently convicted of trafficking in cocaine, in August 1996, and was sentenced to 30 years of imprisonment. On September 10, 1996, Gulf Bonding moved the Cullman Circuit Court for remission of its bond. The court denied the request. 1 On January 28, 1997, the bonding company submitted a remission-of-forfeiture request to the Board of Pardons and Paroles. The Board denied the request on March 3, 1997, without conducting a hearing. On May 5, 1997, Esensoy and Gulf Bonding filed a notice of appeal, and a petition for certiorari review, in the Montgomery Circuit Court. They claimed that the Board had acted capriciously, unreasonably, arbitrarily, and without the required due process in denying the request for remission of the bond forfeiture. The Board filed an answer and a motion for summary judgment. On September 2, 1997, while the motion for summary judgment was pending, the Board held a hearing on the request for remission of forfeiture, and it again denied the request. The court granted the Board's renewed motion for summary judgment and entered a summary judgment in favor of the Board. Esensoy and Gulf Bonding appealed.

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