Case law

State v. Ball

756 So. 2d 275 · Supreme Court of Louisiana · Nov 30, 1999

felonies, and Old Chief clearly meant to admit that his felony did qualify, by stipulating "that the Government has proven one of the essential elements of the offense." … As Justice O'Connor argued in her dissent, it is not unfairly prejudicial for the state to establish an essential element of its case against a defendant with direct proof of his prior conviction.

La. Seafood Management Council v. La. Wildlife and Fisheries Com'n

715 So. 2d 387 · Supreme Court of Louisiana · May 19, 1998

Fishermen's inability to establish a private property interest in free-swimming corporeal fish has precluded recovery under this theory. Douglas F. … Applying those principles, we conclude that the Legislature's use of the word "should" was clearly intended to be permissive.

State v. Voorhies

169 La. 626 · Supreme Court of Louisiana · Dec 2, 1929

The board so created was to be composed of the commissioner of public utilities and four other qualified electors to be appointed by the Governor. … The defendant was charged with and convicted of selling securities, and clearly comes under, and is subject to, the penalty provided in the first paragraph.

State v. King

355 So. 2d 1305 · Supreme Court of Louisiana · Mar 6, 1978

Clearly, it was more probable than not that the pillowcase, the bottles of prescription drugs and the wallet were related to the case. Hence, the trial judge properly permitted their introduction in evidence. … The state then proceeded to recrossexamine defendant in an attempt to establish that in fact he did know that Lehmann intended to burglarize the store.

In Re Grand Jury

737 So. 2d 1 · Supreme Court of Louisiana · Apr 13, 1999

While the case law clearly establishes that a federal grand jury can obtain state grand jury materials pursuant to a subpoena [4] , comity prescribes that the state court with supervision over the grand jury rule on the continuing … The United States Attorney is not immune from the required showing of compelling necessity.

Woods v. Jastremski

201 La. 1092 · Supreme Court of Louisiana · Nov 4, 1942

This is clearly demonstrated by the opening phrase of the article which reads: “The authentic act, as relates to contracts * * The clause “as relates to contracts” qualifies and limits the subject of the sentence “the authentic … There the plaintiff sought to establish its title by the copy of a copy of -an original act, and the court correctly rejected the evidence.

In Re Richard

50 So. 3d 1284 · Supreme Court of Louisiana · Nov 30, 2010

The baseline sanction for respondent's misconduct is clearly disbarment. Respondent acted knowingly, if not intentionally, causing actual injury. … I find respondent's forgery of a medical record to assist his client obtain illegal drugs so reprehensible as to qualify him for permanent disbarment.

Bourgeois v. Francois

245 La. 875 · Supreme Court of Louisiana · Feb 24, 1964

So.2d 292; acknowledged that the rule is established in this State that a motorist travelling on a- favored street,- and, a fortiori, . on a street controlled by electric semaphore lights, is entitled- to assume that drivers … manifests that he was merely trying to answer the questions of the trial examiner to the best of his ability and that all of his answers with respect to the distances and speeds were pure guesses which were qualified by

State v. Bischoff

146 La. 748 · Supreme Court of Louisiana · Nov 3, 1919

But when the negative ceases to be a simple one, when it is qualified by time, place, or circumstances, much of this objection is removed ; and proof of a negative may very reasonably be required when the qualifying circumstances … S., applied plainly and clearly. If we take a purely common sense view of the matter, we reach the same conclusion.

State v. Jackson

608 So. 2d 949 · Supreme Court of Louisiana · Nov 12, 1992

Considering the trend established by this Court's line of cases addressing the introduction of other conduct evidence at the sentencing phase, I reluctantly acquiesce in the majority's present line-drawing exercise of establishing … In its effort to avoid arbitrary sentencing, the majority has itself placed arbitrary limitations on what qualifies as relevant evidence of character.

Graham v. Willis-Knighton Medical Center

699 So. 2d 365 · Supreme Court of Louisiana · Sep 9, 1997

This court concluded that "the rectal perforation (for which [the hospital] statutorily admitted liability) was clearly a cause in fact of the reversal of the colostomy, since the reversal would not have been necessary but … Assume that a medical malpractice plaintiff files suit against a qualified health care provider, alleging that the doctor's negligence caused the permanent loss of his eyesight.

Ermert v. Hartford Ins. Co.

559 So. 2d 467 · Supreme Court of Louisiana · Mar 12, 1990

Finally, he stated that La.R.S. 9:2791, which grants tort immunity to landowners who open their land to the public for recreational purposes, further precluded any imposition of liability upon the hunting group. … The hunters had established such a rapport and were in such accord that they had no need even for written hunting rules.

State v. Boyd

359 So. 2d 931 · Supreme Court of Louisiana · May 22, 1978

This is sufficient to establish probable cause to search. … The affidavits established that these three persons, all of whom were incarcerated in the St.

Segura v. Frank

630 So. 2d 714 · Supreme Court of Louisiana · Jan 14, 1994

Under the amended definition, the insured of an insolvent insurer is immune to subrogation claims asserted by a claimant's UM insurer to the extent of the applicable policy limits previously provided by the insolvent insurer … In the present cases, we note the legislature addressed this concern in Act 105 of 1990 by amending the definition of a "covered claim" in La.R.S. 22:1379(3) to immunize policyholders of insolvent insurers against subrogation

Smith v. Cajun Insulation, Inc.

392 So. 2d 398 · Supreme Court of Louisiana · Dec 15, 1980

It is well established that statutes are to be construed in such a manner as to effectuate their purpose. J. M. Brown Construction Co., Inc. v. … C.C. art. 3071 and qualify as a judgment having the authority of the thing adjudged, La.C.C. art. 3078, thereby sufficing as grounds for the peremptory plea of res judicata. Bielkiewicz v.

Buras v. Orleans Parish Democratic Executive Committee

248 La. 203 · Supreme Court of Louisiana · Jul 28, 1965

Section 22, of the Louisiana Constitution of 1921; paragraph 6 of this section provides: “The Legislature is hereby prohibited, subsequent to the Regular Session of 1950, from amending, modifying or repealing the herein established … Gatlin, 241 La. 321 , 129 So.2d 4 ), and that it is the duty of the Court to uphold a statute unless it clearly violates the organic law, any doubt being resolved in favor of the validity of a solemn expression of the legislative

Dauenhauer v. Rossner

146 La. 349 · Supreme Court of Louisiana · Dec 5, 1919

Relators, seven in number, alleging that they are qualified voters of the parish of Jefferson, affiliated with the Democratic party and candidates for various Democratic nominations in that parish, apply for writs of certiorari … —and he says: “No complaint is made that the registrar intends to establish his office on any boat or water craft.

Foti v. Holliday

27 So. 3d 813 · Supreme Court of Louisiana · Oct 30, 2009

R.S. 42:65 to qualify the State's claim was only actionable while Ms. Holliday was engaged in the misconduct. The court reasoned Ms. … R.S. 42:65 differently, and failed to do so, does not permit the Court to abandon long-established tools of statutory construction.

Fransen v. City of New Orleans

988 So. 2d 225 · Supreme Court of Louisiana · Jul 1, 2008

Because the home rule charter existed at the time the 1974 state constitution was adopted, Article VI, section 4 of that constitution grants the City both the power to initiate local legislation and the power of immunity … This court’s recognition of the constitutional prohibition of the collection of delinquent ad valorem taxes by suit was established early on with the exception of Succession of Mercier, supra.

State v. Wright

834 So. 2d 974 · Supreme Court of Louisiana · Dec 4, 2002

The doctor added that the victim's immune system had been damaged by the repeated *981 abuse and that she could not heal as would a normal child. … Michelle Gaines, also employed by the Northwest Louisiana Crime Lab, qualified as an expert in DNA analysis.