State v. Roy’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. “(3) Notice of judgment. |s(a) After entering the fact of the signing of the judgment of bond forfeiture in the court minutes, the clerk of court shall promptly mail notice of the signing of the judgment of bond forfeiture. The notice of the signing of the judgment of the bond forfeiture shall be mailed by United States certified mail with return receipt to all the following: ' • ■ (i) The defendant.... (ii) The personal sureties_ (iii) The agent or bondsman who posted the bond for the commercial sureties.... (iv) The commercial sureties.... Notice to the commercial sureties shall include the power of attorney number used to execute the bond. * sfí * * * (5) Summary proceedings. The defendant and his sureties shall be entitled to bring defenses and actions in nullity by Use of summary proceedings in the criminal matter before the trial court which issued the judgment of bond forfeiture within sixty days from the mailing of the signing of the judgment of bond forfeiture. ... * * * * , * * (7) Enforcement and collection of judgment. ... If after six months and ten days from the mailing of proper notice of the signing of the judgment, a judgment of bond forfeiture against a commercial surety company has not been suspensively appealed nor satisfied or proceedings challenging the bond forfeiture have not been timely filed, the prosecuting attorney may either file a rule to show cause with the commissioner ' of insurance in accordance with R.S. 22:658.1 or collect the judgment in th”

   1 later decision quote this exact passage
   e.g. 712 So. 2d 1045 - State v. Wells

2. “In undertaking the bond obligation, Ranger agreed to guarantee Roy’s appearance in court. Ranger failed to perform its obligation in this regard. Ranger was properly notified of the appearance date. This notice satisfied the due process requirements because Ranger knew that, should the defendant fail to appear, its property was subject to forfeiture. Under due process, Ranger is entitled to this one notice of the appearance date. It cannot now claim that its due process rights were infringed upon by either the state’s failure to move for bond forfeiture contemporaneously with Roy’s nonappearance or the state’s failure to send Ranger notice of the nonappearance and/or the subsequent bond forfeiture hearing. Requiring the state to do so would be giving Ranger more due process than it is entitled to and would amount to giving Ranger a second chance which its bond contract does not contemplate. The applicable statutes and due process do not require such notice.”

   1 later decision quote this exact passage
   e.g. 712 So. 2d 1045 - State v. Wells

3. “Under this statutory scheme, the state can thereafter move to forfeit the bond without having to notify the surety of the defendant's nonappearance or of the prospective bond forfeiture hearing. If the state, in its discretion, can move for forfeiture on the date of nonappearance without having to notify the surety of the fact that defendant failed to appear, the state likewise does not have to notify the surety of the defendant's nonappearance to move for forfeiture at a later date. In the interim period, the bond remains enforceable. State v. Batiste, 653 So.2d 127 . Additionally, there is no requirement in either La. Code Crim.P. art. 344 or La.R.S. 15:85 that the state notify the surety of the bond forfeiture hearing date.”

   1 later decision quote this exact passage
   e.g. 670 So. 2d 378 - State v. Rotramel