Legal Opinion · Dissent

State v. Allen

Louisiana Court of Appeal

Decided August 8, 2012No. 2011-KA-0693Published

1DissentTobias, J.

| ]This matter was returned to us by the Louisiana Supreme Court to be heard by a five-judge panel, the Court specifically holding, citing La. Const, art. V, § 8(B), that a matter involving a bail bond is civil in nature and can be decided by a trial court having only criminal jurisdiction. State v. Allen, 11-2843 (La.4/13/12), 84 So.3d 1288.1

I adhere to our majority opinion originally rendered by this court in this case, State v. Allen, 11-0693 (La.App. 4 Cir. 11/23/11), 78 So.3d 841.

If the case at bar is a civil case, then the majority ignores the definition of a “fortuitous event” as…

2Cases cited6 opinions

  1. Richard v. HallSupreme Court of Louisiana · 2004
  2. New Orleans Rosenbush Claims Service, Inc. v. City of New OrleansSupreme Court of Louisiana · 1995
  3. Payne v. HurwitzLouisiana Court of Appeal · 2008
  4. Associated Acquisitions, L.L.C. v. Carbone Properties of Audubon, L.L.C.Louisiana Court of Appeal · 2007
  5. State v. AllenSupreme Court of Louisiana · 2012

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