Legal Opinion
State v. Nellon
Louisiana Court of Appeal
Decided September 4, 2013No. 2012-KA-1429PublishedCited by 13 opinions
1Opinion of the Court
SANDRA CABRINA JENKINS, Judge.
|, The sole issue before the court is the discretion afforded the trial court in setting aside a judgment of bond forfeiture absent “a fortuitous event” that would make the bail bond obligation impossible to perform. See La. R.S. 15:83(C)(1); La. C.Cr.P. art. 345(1). We find that the trial court abused its discretion in granting the surety’s motion to set aside the judgment of bond forfeiture. For the reasons stated below, the judgment of August 28, 2009 granting the surety’s motion to set aside judgment of bond forfeiture and petition for nullity is reversed.…
2Cases cited6 opinions
- Cleco Evangeline v. Louisiana Tax Com'nSupreme Court of Louisiana · 2002
- Moss v. StateSupreme Court of Louisiana · 2006
- Bankers Ins. Co. v. StateLouisiana Court of Appeal · 2003
- State v. AllenLouisiana Court of Appeal · 2012
- State v. BrownLouisiana Court of Appeal · 2012
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. Lexington National Insurance Corp.Louisiana Court of Appeal · 2014
- State v. DennisLouisiana Court of Appeal · 2015
- State v. JonesLouisiana Court of Appeal · 2016
- State v. WilsonLouisiana Court of Appeal · 2015
- State v. DennisLouisiana Court of Appeal · 2016
8 more not listed; retrieve them via the Exa API.