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State v. Kading

Court of Appeals of Louisiana, Third Circuit

December 12, 2018

STATE OF LOUISIANA
v.
JEFFERY DALE KADING, JR.

          APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. CR-158601 HONORABLE MARILYN CARR CASTLE, DISTRICT JUDGE.

          Keith A. Stutes District Attorney, Emilia Salas Pardo Assistant District Attorney, COUNSEL FOR: Plaintiff/Appellee - State of Louisiana.

          Robert Leyton Odinet Mahtook & LaFleur, LLC, COUNSEL FOR: Plaintiff/Appellee - State of Louisiana.

          Aaron Adams Assistant Public Defender, COUNSEL FOR: Defendant/Appellee - Jeffery Dale Kading, Jr.

          Morris M. Haik, III, COUNSEL FOR: Other Appellants - Accredited Surety & Casualty Company, Inc. and Mike Mullen L.L.C. dba Mike's Bail Bonding Service.

          Court composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R. Cooks, and Marc T. Amy, Judges.

          ULYSSES GENE THIBODEAUX CHIEF JUDGE.

         In this bond forfeiture case, Mike Mullen L.L.C. D/B/A Mike's Bail Bonding Service (Agent) and Accredited Surety and Casualty Company, Inc. (Surety) appeal the trial court's judgment denying them relief on their motion to acknowledge surrender of the criminal defendant, Jeffery Dale Kading, Jr. Finding no error in the trial court's judgment under the applicable statutes, we affirm.

         I.

         ISSUES

         We must decide whether the trial court erred in its application of the pertinent articles of the Louisiana Code of Criminal Procedure in denying the Agent and Surety's motion to surrender.

         II.

         FACTS AND PROCEDURAL HISTORY

         A fugitive warrant was issued for Mr. Kading when he failed to appear for a criminal arraignment, and a Bond Forfeiture Judgment was ordered. The Bond Forfeiture Judgment was signed on January 5 and mailed on January 17, 2017. On January 25, 2017, the Agent paid the Sheriff's office $25 to list Mr. Kading on the National Crime Information Registry (NCIR). Mr. Kading was arrested in New Mexico on March 15, 2017. The Agent tried unsuccessfully to obtain an amount from the Sheriff for the transportation costs on having Mr. Kading returned to Lafayette. On March 21, 2017, Mr. Kading was released in New Mexico. When the Agent apprehended the defendant in December of 2017, he surrendered Mr. Kading to the Sheriff in Lafayette. The Agent and Surety now want the judgment of bond forfeiture set aside.

         III.

         STANDARD OF REVIEW

         Questions of law, such as the proper interpretation of statutes, are reviewed by the appellate court under the de novo standard of review. Land v. Vidrine, 10-1342 (La. 3/15/11), 62 So.3d 36 (citations omitted).

         IV.

         LAW ...


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