Case law

Copley v. Dinkgrave

27 La. 601 · Supreme Court of Louisiana · Jul 15, 1875

No line of demarcation, it seems, was ever run and established, indicating with precision which was the upper half or which *604 the lower half. … We think it is clearly shown that under the act of Congress of twenty-seventh January, 1851, all the land within the limits of the Maison Rouge grant was reserved from sale, entry or location, from the date of the act until

Bank of Coushatta v. Coats

170 La. 163 · Supreme Court of Louisiana · Dec 2, 1929

Drangent executor without bond, and he was duly qualified as such. On January 26,1923, Mrs. Coats executed a power of attorney in notarial form duly authorized by her husband, in which she appointed H. W. … All debts contracted by the husband under such circumstances are his debts or debts of the community, for which the wife cannot be made liable, unless it is clearly shown that such debt inured to her benefit or the special

State v. Sosa

921 So. 2d 94 · Supreme Court of Louisiana · Jan 19, 2006

Officer Guidry and Agent Springer, who were qualified as experts in the field of cause and origin of fires, testified that they determined the fire started at the east wall of the kitchen near the gas range and that it spread … The defense's theory of the case at trial took two approaches: that the evidence did not establish that he had set the fire and that he had had no financial motive for setting such a fire.

State v. Alexander

430 So. 2d 621 · Supreme Court of Louisiana · Apr 4, 1983

The remaining assignments of error involve legal issues governed by clearly established principles of law. They will be treated in an unpublished appendix which will comprise part of the record of this case. … In other Louisiana cases, absent dialogue as in Rodman , where the judge completely avoided any qualified language (such as "at this time" in the case under consideration), reversible error has not been found when the judge

City of Baton Rouge v. Overton

367 So. 2d 305 · Supreme Court of Louisiana · Jan 29, 1979

A certificate indicating that he was qualified to administer PEI tests was received in evidence without objection. The officer stated that he used machine # 777 to administer the breath test to defendant. … Recognizing the importance of establishing safeguards to guarantee accuracy in chemical testing, the legislature further provided that in order to be considered valid, the chemical analysis must be performed according to

State v. Tyler

723 So. 2d 939 · Supreme Court of Louisiana · Sep 9, 1998

The trial judge then has the duty to determine whether the defendant has established purposeful racial discrimination. Id. at 98 , 106 S.Ct. 1712 . … Proc. art. 785 A. [6] The prosecutor certainly spoke overbroadly in asserting that a juror must be "pro death" to be qualified to serve on the jury in a capital case, and equated "death qualified" to "pro death." [7] E.g.

State v. Humphrey

445 So. 2d 1155 · Supreme Court of Louisiana · Jan 16, 1984

Catanese clearly did not say that the results of polygraph examinations in and of themselves are sufficient to warrant the granting of a new trial. … experts, extensive procedural safeguards should be established either by court rule or legislation before the introduction of polygraph tests at trial.

State v. Hollingsworth

337 So. 2d 461 · Supreme Court of Louisiana · Sep 13, 1976

The Legislature is without power to provide for a qualified verdict which infringes upon the constitutional authority of the Governor to commute sentences. La.Const. art. IV § 5(E) (1974); State v. … I cannot condemn the trial court's failure to follow guidelines of which it was not aware, but neither can I understand the majority's failure to discuss the Gilmore issues which this case clearly raises.

State v. Odom

247 La. 62 · Supreme Court of Louisiana · Dec 14, 1964

This evidence, which was not rebutted, is sufficient to establish that the cow was taken or misappropriated in St. Landry Parish. … Since the jury viewed the cow it is difficult to see that appellant was prejudiced but, in any case, the evidence was clearly admissible as Manuel had seen the cow and the brand and, therefore, was fully qualified to testify

Michell v. Louisiana State Board of Optometry Examiners

245 La. 1 · Supreme Court of Louisiana · Jun 28, 1963

Michell, a qualified and duly licensed optometrist in Louisiana, instituted the present declaratory judgment proceeding. … This Company employs licensed optometrists and establishes locations in which they shall practice.

State v. Sonnier

402 So. 2d 650 · Supreme Court of Louisiana · Jun 22, 1981

The capital sentencing procedure does not establish any presumptions or burdens of proof with respect to mitigating circumstances. … However, the evidence was clearly sufficient to support the jury's findings of four out of the five aggravating circumstances it listed.

First Nat. Bank v. Carmouche

515 So. 2d 785 · Supreme Court of Louisiana · Nov 30, 1987

The bank's obligation was clearly stated in the letter, and it fully complied with its duty. … NOTES [1] The Letter of Credit reads: Gentlemen: We hereby establish our Irrevocable Letter of Credit in your favor for the account of Terrel J.

Generes v. Bowie Lumber Co.

143 La. 811 · Supreme Court of Louisiana · Apr 11, 1918

He said, apologetically, that the rule that some effect should be given to all of the words of the law was qualified by the condition that it be possible, and that, if the lawgivers had nodded, or added idle words to their … But the idea is expressed more clearly by saying, in the precise language of article 1030, that it is either the faculty of accepting or the faculty of renouncing that is prescribed after 30 years.

State v. Holmes

258 La. 221 · Supreme Court of Louisiana · Feb 24, 1971

If the cause of death has not been established, the Court must, as a matter of law, grant defendant’s motion for a directed verdict on both the charge of murder and manslaughter. … WHALEN: We object to this, Your Honor, as not being an official document, not qualifying under the provisions of Article 105 as to what may be admitted to prove death. Further * * * “THE COURT: Is that 15:105? “MR.

Tugendhaft v. Gehbauer

227 La. 830 · Supreme Court of Louisiana · Mar 21, 1955

The plaintiff is a 36-year-old qualified medical technician, and their marriage on May 17, 1943, was the outgrowth of their mutual professional and personal interests. There were no children born of this union. … Plaintiff had a seemingly unlimited charge account in practically every department and jewelry store and exclusive ladies’ ready-to-wear establishment in this city.

Favalora v. Police Jury

112 La. 384 · Supreme Court of Louisiana · Feb 29, 1904

taxation herein fixed; and such districts shall be prohibited from levying contributions under the provisions of existing laws, and provided further that nothing herein contained shall prevent drainage districts from being established … The language of article 291 of the Constitution of 1898 indicates clearly that the convention intended to provide and provided for increase of taxation for road and bridge purposes, not only for the roads and bridges of particular

State v. Walker

567 So. 2d 581 · Supreme Court of Louisiana · Sep 6, 1990

The officers testified before the grand jury under a grant of immunity obtained by Cicardo. … Clearly, defendant's sixth amendment right to counsel had not attached at the time that Ryland conferred with defendant and the records were delivered.

Culp v. Belden Corp.

432 So. 2d 847 · Supreme Court of Louisiana · May 23, 1983

Culp has not established a prima facie case for classification as an odd lot worker. … The position of plant nurse is one for which she is under qualified.

Hayes v. Muller

245 La. 356 · Supreme Court of Louisiana · Dec 5, 1963

Clearly this was not an attempt by him to establish title by parol in someone who had never had title, nor was her objection thereto based on that theory. … If the joint adventure doctrine is a part of our law, it is so because it supplies a device to do equity when equity is clearly due.

State v. Monk

315 So. 2d 727 · Supreme Court of Louisiana · Jun 23, 1975

Any judge of a court serving according to law is qualified to hear a case. … The evidence clearly establishes the relevancy and chain of custody of these items. Hence, they were properly received in evidence by the trial court. State v.