618 So. 2d 4 - State v. Cole’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Before a trial court may order a bond forfeiture, it must have before it “proper evidence” establishing that the State gave, or at least attempted to give “proper notice” to the defendant and the defendant’s surety, if such is required by LSA-C.Cr.P. Art. 337. LSA-R.S. 15:85 A(l)(a). In order to obtain a judgment of bond forfeiture, the State must “strictly comply” with the statutory provisions. State v. Hathaway, 403 So2d 737 (La.1981). We have carefully read R.S. 15:85 and find no requirement that the State enter the bond contract and the power of attorney into evidence. In reaching this conclusion, we find no merit to Amwest Surety’s attempts to apply the civil procedure provisions regarding default judgments to the bond forfeiture procedure. As pointed out in Hathaway, the State must comply with the requirements of LSA-R.S. 15:85. Although the bond forfeiture hearing is held without the presence of the surety, the requirements for judgment are governed solely by the bond forfeiture statute and not by the general provisions of the code of civil procedure relative to default judgments. Furthermore, the jurisprudence relied upon by Amwest Surety is distinguishable from the present case. In State v. Likens, 577 So2d 285 (La.App. 3rd Cir.1991), writ denied, 580 So2d 386 (La.1991), Accredited Surety and Casualty, Inc. v. McElveen, 561 So2d 728 (La.App. 3rd Cir.1990), and State v. Dickerson, 534 So2d 976 (La.App. 5th Cir.1988), the State failed to produce evidence of notice to e”

   1 later decision quote this exact passage
   e.g. State v. Bercy

2. “A. All bonds taken to secure the appearance of any person before any district court executed by a surety company authorized to do business in the state of Louisiana or an agent of such a company, except at a preliminary examination, shall be forfeited and collected as follows: (l)(a) If at the time fixed for appearance such person fails to appear and answer when called, the judge, on motion of the district attorney, upon hearing of proper evidence, including notice or attempted notice to the defendant and the surety, if such is required by Code of Criminal Procedure Art. 337, shall forthwith enter a judgment decreeing the forfeiture of the bond and against such person and his sureties in solido for the full amount thereof. (Emphasis ours)”

   1 later decision quote this exact passage
   e.g. State v. Bercy

3. “LSA-C.Cr.P. Art. 337 is applicable to those instances where defendant’s appearance is required. Defendant’s appearance is not required at a bond forfeiture hearing. Rather, LSA-R.S. 15:85 governs bond forfeiture hearings. Particularly, LSA-R.S. 15:85(A)(l)(a) states that if a defendant fails to appear and answer, after being properly noticed, the trial court, after hearing proper evidence, shall enter judgment, decreeing the forfeiture of the bond. Accordingly, we find that the State was not required to send supplementary notice to the defendant or his surety or the surety’s agent of the May 23, 1991, bond forfeiture hearing.”

   1 later decision quote this exact passage
   e.g. State v. Bercy