Legal Opinion · Dissent

State v. Jones

Louisiana Court of Appeal

Decided August 17, 2016No. 2015-KA-1232Published

1DissentLobrano, J.

I respectfully dissent. I would vacate the district court’s judgment denying the motion to set aside the judgment of bond forfeiture filed by Financial Casualty & Surety (“FCS”). Considering the failure of the Orleans Parish Sheriffs Office (“OPSO”) to perform its statutorily mandated duty of executing the outstanding alias capias against Ladareus J. Jones (“Defendant”) while Defendant was in its custody, I would remand this case to the district court for -a hearing to determine whether OPSO’s failure to execute the alias capias modified the principal obligation under the surety contract such…

2Cases cited9 opinions

  1. State v. BaileyLouisiana Court of Appeal · 1990
  2. Fullilove v. US Casualty Company of New YorkSupreme Court of Louisiana · 1960
  3. State v. NellonLouisiana Court of Appeal · 2013
  4. State v. AllenLouisiana Court of Appeal · 2012
  5. State v. BerryLouisiana Court of Appeal · 1997

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