State of Louisiana v. Thaddeus L. Hebert (In Re: Banker's Insurance Company)

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
P.O. Box 16577
Lake Charles LA 70616
(337) 433-9403

NOT DESIGNATED FOR PUBLICATION
Randy Jerome Lasseigne
Attorney At Law
P. O. Box 5313
Lafayette LA 70502-5313

REHEARING ACTION: April 3, 2019

Docket Number: 19 00077-KW

STATE OF LOUISIANA
VERSUS
THADDEUS L. HEBERT
(IN RE:BANKER'S INSURANCE COMPANY, ET AL.)

Writ Application from Lafayette Parish Case No. 2017-T-5242

BEFORE JUDGES:

Hon. Sylvia R. Cooks
Hon. Shannon J. Gremillion
Hon. D. Kent Savoie

As counsel of record in the captioned case, you are hereby notified that the ruling on the

application for rehearing filed by Banker's Insurance Company, et al is:

REHEARING GRANTED; WRIT DENIED: Relator, Bankers
Insurance Company, filed a writ application with this court seeking
supervisory review of the trial court’s August 31, 2018 and
September 16, 2018 rulings denying Relator’s “Rule to Show
Cause Why Notice of Arrest Should Not be Vacated” filed in State
of Louisiana v. Thaddeus L. Hebert. Now that Defendant has failed
to appear for court proceedings, Relator claims that, because the
State actually charged Defendant for a lesser degree of the offense
for which Relator contracted as a bond surety, it should no longer
be responsible for paying Defendant’s bail. This court finds that
La.Code Crim.P. art. 331(B) does not apply in the instant case.
There has been no dismissal of original charges in the instant case;
Defendant’s original bill of information is still valid. Defendant was
charged with the instant offense in July 2017. The court issued a
warrant for Defendant’s arrest in January 2018, and Relator made
no objection to its role as surety until the end of May 2018. Under
La.Code Crim.P. art. 319, the appropriate time for Relator to object
to its continuing role as surety was after Defendant was charged
but before Defendant breached his bail undertaking, i.e., between
July 2017 and January 2018. Accordingly, Defendant’s writ
application is denied.

cc: Hon. Keith A. Stutes, Counsel for the Respondent
Emilia Salas Pardo, Counsel for the Respondent