Case law

Latour v. State

778 So. 2d 557 · Supreme Court of Louisiana · Jan 29, 2001

The legislature further finds and declares it to be the public policy of the state that to this all persons, locations, practices, associations, and activities related to the operation of licensed and qualified gaming establishments … This factor clearly was considered when the age of majority was lowered to eighteen, thereby setting the time at which these young adults have contractual capacity. See La.

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.

Kellar v. Blanchard

21 La. Ann. 38 · Supreme Court of Louisiana · Jan 15, 1869

She qualified in that capacity, and caused the usual mortuary proceedings to be takeit. The éstate séenis to have been considerably burdenpd with debts, and badly administered. … The estate of Smelser clearly had under the contract an interest in the buildings erected by him on the lots of the defendant.

State v. Gomez

778 So. 2d 549 · Supreme Court of Louisiana · Jan 17, 2001

The motion also gave notice of the state's intent to establish the economic loss suffered by the family of one of the victims arising out of the costs of psychological counseling for the boy. … While we ultimately determined that the error was harmless, Frost held that "[a]lthough the [witnesses] were very close to the victim, they [did] not qualify as `family' under either a traditional or a legal definition of

DeGrilleau v. Frawley

48 La. Ann. 184 · Supreme Court of Louisiana · Dec 4, 1895

The vendor did not, in terms, convey the property of the alley to his different vendees, but for all practical purposes they had qualified property rights in it (Heirs of Delogny vs. … The principle established is that an owner may make any lawful disposition of it which he deems most beneficial.

Succession of McBurney

162 La. 758 · Supreme Court of Louisiana · Oct 5, 1926

The will was •probated, and the three executors named *761 were confirmed and qualified on September 8, 1924. … The act of the testatrix clearly evidenced an intention of revocation. It is contended on behalf of the Presbyterian Hospital that the withdrawal of the funds from the two banks was the voluntary act of Dr.

Hooter v. Wilson

273 So. 2d 516 · Supreme Court of Louisiana · Feb 19, 1973

Clearly, an amendment subsequent to that judgment, which changed the amount of exemption, should not be retrospectively applied * * *." … For that reason Congress concluded it was necessary to regulate the garnishment remedy in order to regulate commerce and establish uniform bankruptcy laws. 15 U.S.C.A. § 1671 .

State v. White

178 La. 98 · Supreme Court of Louisiana · Oct 30, 1933

The jury returned a qualified verdict and, after the refusal by the trial court of a new trial, the accused was sentenced to life imprisonment, at hard labor, in the state penitentiary. … As to the purpose of the defendant in covering up the arsenic, if, in fact, it was covered up, the question clearly called for the opinion of the witness.

Ruiz v. Oniate

713 So. 2d 442 · Supreme Court of Louisiana · May 19, 1998

Plaintiff urges this court to adopt this reading since the MLSSA establishes provisions in derogation of common or natural rights and therefore must be strictly interpreted and not extended beyond its obvious meaning. … This amendment, affecting substantive rights, was clearly not retroactive. See Martino v.

Trascher v. Territo

89 So. 3d 357 · Supreme Court of Louisiana · May 8, 2012

Clearly, if a witness provides testimony at trial but the opposing party never is given the opportunity to cross-examine him, there would be grounds to strike the testimony given. Further, the reference in La. … In this case, a scheduled deposition taken because the deponent was not expected to live more than six months does not qualify under the dying declaration exception. Mr.

State v. Harris

406 So. 2d 128 · Supreme Court of Louisiana · Nov 16, 1981

As we said: "Only the court, not the doctor, is qualified to make this decision." 345 So.2d at 1138 . … Acceptance of defendant's guilty pleas under these circumstances was clearly contrary to the law, and, we determine in this type of situation at least, not correctable retroactively.

State v. Tonubbee

420 So. 2d 126 · Supreme Court of Louisiana · Oct 21, 1982

, the trial judge did not clearly abuse his discretion in concluding that the probative value overcame any possible prejudicial effects. … Reno's testimony about defendant's conversation does not qualify as hearsay because it was not introduced to prove the truth of the matters asserted. "...

Succession of Henderson

195 La. 665 · Supreme Court of Louisiana · Apr 29, 1940

The sale referred to in the proviso was clearly the one made to plaintiff, as that was the only sale made by the parties. … This sale was clearly ratified, both judicially and extra-judicially, by the conduct of plaintiff’s mother, his sisters and himself.

State of Louisiana v. Davieontray Lee Breaux

Supreme Court of Louisiana · May 9, 2025

It is well established that “[t]he legislature is presumed to enact each statute with deliberation and with full knowledge of all existing laws on the same subject. … The issue recognized in even older jurisprudence applying the relevant provisions of the prior 2 constitution were clearly based on the practical problems of combining a case with

In Re: Gregory F. Williams, Sr.

218 So. 3d 1009 · Supreme Court of Louisiana · Dec 6, 2016

The court record clearly reflects respondent’s presence at all times during the sentencing proceeding. … This crime is a felony under federal law and clearly warrants serious discipline.

Evans v. DeRidder Mun. Fire

815 So. 2d 61 · Supreme Court of Louisiana · Apr 3, 2002

Even though he was not yet a suspect in Prater's murder, Pickens' first statement clearly indicated that he had a motive to kill Prater. … Clearly the Creadeur court recognized as much.

Bourgeois v. AP Green Industries, Inc.

716 So. 2d 355 · Supreme Court of Louisiana · Jul 8, 1998

Thus, when a defendant's tortious act causes someone bodily harm, be it a broken arm or asbestosis, the law clearly affords recovery. … Hansen, 858 P.2d at 979, n. 12 . (5) The monitoring procedure has been prescribed by a qualified physician and is reasonably necessary according to contemporary scientific principles.

Livingston Parish Council on Aging v. Graves

105 So. 3d 683 · Supreme Court of Louisiana · Dec 4, 2012

This amendment clearly shows the historical interplay between subsections B and C of La. R.S. 38:1428. … Clearly, the levy authorized by La. R.S. 33:9002 was not confined to the 1977 tax year.

State v. High

116 La. 79 · Supreme Court of Louisiana · Jan 15, 1906

The evidence does not establish positively what the district attorney did say, or that he did any more than admonish the jury of their duty to bring in an unqualified verdict, should they find the accusation proved, and no … The contention is that the indictment has made the mistake of qualifying the wrong thing—the intent, instead of the act.

Titus v. IHOP RESTAURANT, INC.

25 So. 3d 761 · Supreme Court of Louisiana · Dec 1, 2009

Justice. 1 [ {We granted certiorari in this case to determine whether a defendant insurance company’s payments, pursuant to the no *763 fault medical payment coverage provision in a commercial general liability policy, qualified … The record demonstrates *767 clearly that the Plaintiff was not “lulled” into inaction, since he did actually file his lawsuit within the prescriptive period.