Case law

State v. Burrell

561 So. 2d 692 · Supreme Court of Louisiana · Apr 6, 1990

Lewis was qualified to be an expert witness. The trial court ruled that the testimony to be elicited from Mr. Lewis was irrelevant. Defense counsel stated at trial that Mr. … The trial judge in the present case clearly instructed the jury that recommendation of a death sentence must be unanimous.

Housing Authority of Shreveport v. Green

200 La. 463 · Supreme Court of Louisiana · Apr 27, 1942

The testimony of these witnesses and that of those who testified for the defend *472 ants clearly show that the foundation and walls of the house are in perfect condition with the exception of the defects mentioned. … This is the rule established long ago and consistently adhered to by the Supreme Court of the United States. Taking into consideration all the testimony, we think an award of $4,500 would be adequate but not excessive.

Gulotta v. Cutshaw

283 So. 2d 482 · Supreme Court of Louisiana · Sep 24, 1973

"Over defendant's objection, the trial court permitted plaintiffs to introduce evidence to establish fraud on defendant's part. … "Despite defendant's timely objection, the lower court also permitted plaintiffs to introduce evidence to establish that the estate of Walter S.

State of Louisiana v. Woodrow Karey, Jr., A/K/A Woodrow Karey, II

Supreme Court of Louisiana · Jun 29, 2017

” * * * But we clearly knew, by him shaking my hand and saying it went well and don’t worry about getting any more money, we were very confident . . . that the Grand … Finding that the evidence established that the agreement was unconditional, this court annulled the multiple offender sentence and reinstated the original sentence.

State v. Naas

409 So. 2d 535 · Supreme Court of Louisiana · Dec 14, 1981

Thus, due to his experience, he was qualified to answer the questions. This assignment lacks merit. … Scoriels' testimony, coupled with the photographs of the defendant taken by police several days after the crime clearly showing the defendant to have a mustache, casts doubt on Kelly's identification. [4] Since the homicide

State v. Kenner

336 So. 2d 824 · Supreme Court of Louisiana · Jun 21, 1976

The in-court identification clearly had a source independent of the out-of-court identification. … First, two witnesses, who are presently available, would establish that defendant was elsewhere at the time the attack was perpetrated.

Schultz v. Guoth

57 So. 3d 1002 · Supreme Court of Louisiana · Jan 19, 2011

He points out that he has introduced the unanimous opinion of the medical review panel, which concluded he did not fail to meet the applicable standard of care, as well as an affidavit of a member of the panel who clearly … The defendant points out |9that the plaintiff has not produced an expert witness qualified in the field of obstetrics and gynecology during the two years this claim has been pending.

State v. Neal

796 So. 2d 649 · Supreme Court of Louisiana · Sep 21, 2001

As to Jurors Eckles and Hawkins, the trial court rendered the question of whether defense counsel had established a prima facie case of discrimination moot when it asked the prosecutor for his race-neutral reasons for qualifying … BARNETT: ... that they would be qualified only if the [sic] still could consider life imprisonment.

Todd v. State Through Dept. of Natural Res.

456 So. 2d 1340 · Supreme Court of Louisiana · Dec 6, 1984

They also filed exceptions of no cause/no right of action and one styled "peremptory exception of sovereign immunity." … As one of the claimants was clearly in possession, the other had to "make out his title" under La.C.C.P. art. 3654. [17] Lincoln Parish School Board v.

Caddo-Shreveport Sales & Use Tax Com'n v. OMV THROUGH DEPT. OF PUB. SAFETY AND CORRS.

710 So. 2d 776 · Supreme Court of Louisiana · Apr 14, 1998

It is similarly well settled that statutes are presumed constitutional unless fundamental rights, privileges and immunities are involved. … It must be shown clearly and convincingly that it was the constitutional aim to deny the legislature the power to enact the statute in question. Board of Directors of Louisiana Recovery Dist. v.

Blanchard v. Ogima

253 La. 34 · Supreme Court of Louisiana · Nov 12, 1968

In that case the court .stated: “ * * * These facts, in our opinion, show quite clearly Whitney merely appointed Busher his agent or attorney for the purpose of selling the vehicle. … -ship necessary to establish master-servant status.

Hunt Oil Co. v. Batchelor

644 So. 2d 191 · Supreme Court of Louisiana · Oct 17, 1994

The Commissioner has the power to establish compulsory units and designate unit operators therefor. La.R.S. 30:9(B) and 30:10(A). … In the instant case, the record clearly demonstrates that waste was not an issue.

Griffith v. Roy

263 La. 712 · Supreme Court of Louisiana · Nov 6, 1972

of tutorship the tutor must be confirmed or appointed by the court, and must qualify for the office as provided by law." … Although the requirements of a "neglect complaint" are not clearly delineated, R.S. 13:1574 sets out the requirements of a petition which shows that a "child is within the purview of R.S. 13:1561 through 13:1592."

State v. Titus

152 La. 1011 · Supreme Court of Louisiana · Dec 29, 1922

This court has defined a state office to be one created by the Legislature, or one established in the first instance by the Constitution. State v. Taylor, 44 La. Ann. 783 , 11 South. 132 ; State v. … An inspection of it shows clearly, in our view, that the verdict of the jury reads, not as contended by learned counsel for the defendant, but, “Guilty as charge at mercy of court.”

State v. Welch

337 So. 2d 1114 · Supreme Court of Louisiana · Sep 13, 1976

The legislature shall provide for a uniform system for securing and compensating qualified counsel for indigents." … I disagree with this holding, because, in my opinion, the record adequately establishes that the defendant was advised of his right to the assistance of counsel.

State v. Howard

751 So. 2d 783 · Supreme Court of Louisiana · Apr 23, 1999

Thus, no error is perceived in his sharing his opinions and inferences, without qualifying as an expert. … See Rule IV, Part 2, Section 3. [1] Several assignments of error were not discussed in this opinion because they do not represent reversible error and are governed by clearly established principles of law.

State v. Shapiro

431 So. 2d 372 · Supreme Court of Louisiana · Apr 14, 1983

, and to establish the identity of the victim. … We hold that the verdict of guilty of second degree murder is clearly supported by the evidence in this case.

Hunt v. Mississippi Central Railroad

29 La. Ann. 446 · Supreme Court of Louisiana · May 15, 1877

that by error double receipts were given for these bales, once on the eighteenth of December, 1869, and again on the first of January, 1870, by including them in the receipt for thirty-three bales, and, we think, evidence establishes … their employ for issuing false bills of lading or receipts, and the latter by putting such bills or receipts upon the same footing as commercial paper, and protecting the holder in good faith with all the privileges and immunities

Gulf States Util. v. La. Pub. Serv. Com'n

689 So. 2d 1337 · Supreme Court of Louisiana · Feb 25, 1997

or qualifying facilities, such utility would generate itself or purchase from another source." … Unless and until the "merged" fuel clause recovery is less than the market cost of purchased power, ratepayers would clearly be better off if River Bend did not operate.

Thompson v. St. Amant

250 La. 405 · Supreme Court of Louisiana · Feb 20, 1967

Clearly, he alleged, the publication reflected a design and intent on the part of the defendant, St. … Under the Times doctrine a qualified privilege extends to misstatements of facts in a publication relating to a public officer if other conditions of a qualified privilege (absence of actual malice) exists.