Legal Opinion · Dissent

State v. Tabb

Louisiana Court of Appeal

Decided August 3, 2016No. 15-1129Published

1Dissent

GREMILLION, Judge,

dissents.-

I dissent from the opinion of the majority, largely in agreement with Judge Cooks’ well-reasoned dissent.

The State focuses its argument on La. Code Crim.P. art 345(D)(3), and maintains that the trial court may not adjudge the bond obligation satisfied without all three conditions having been met. In support thereof, it cites State v. Int’l Fid. Ins. Co., 32,837 (La.App. 2 Cir. 3/1/00), 756 So.2d 565. In that matter, the surety had bonded the defendant’s appearance in district court in Ouachita Parish. The defendant failed to appear. He became incarcerated in Union…

2Cases cited7 opinions

  1. Day v. AllenLouisiana Court of Appeal · 1930
  2. O.K. Realty Co. v. John A. Juliani, Inc.Louisiana Court of Appeal · 1924
  3. State v. International Fidelity Ins. Co.Louisiana Court of Appeal · 2000
  4. State v. MattesonLouisiana Court of Appeal · 2002
  5. State v. DavilaLouisiana Court of Appeal · 2002

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