State v. Jones

I respectfully dissent from the majority. For reasons discussed in greater detail below, I find that because the Orleans Parish Sheriffs Office (OPSO), a state actor, failed to perform its mandated duties the State failed to strictly comply with statutory provisions in order to obtain a judgment of bond forfeiture. Additionally, OPSO’s error was not reasonably foreseeable as OPSO is required by law to execute a trial court’s orders. Thus, I find OPSO’s failure to do so constitute a “fortuitous event” pursuant to La.C.Cr.P. art. 345(1) and La. R.S. 15:83(C)(2).

In State v. Kerrison, 97-1759, p.…