Case law

State v. Jefferson Island Salt Mining Co.

183 La. 304 · Supreme Court of Louisiana · Jul 1, 1935

This map shows clearly. … In other words, each man has established his own datum, and, personally, I can’t see how they can qualify their material when they are all working from a different datum plane.” (Tr. Vol. 9, pp. 1867, 1868.)

State v. Robinson

52 La. Ann. 541 · Supreme Court of Louisiana · Jan 15, 1900

The judge a quo gives the following as his reasons for his ruling; to-wit: “The testimony objected to in John Williams’ evidence was clearly a part of the res gestae. … ambiguity in the rule itself, but of the difference in opinion between courts, as to the length of time that may be permitted to intervene between the act *547 complained of, and the words or acts that may be permitted to qualify

State v. Bradford

298 So. 2d 781 · Supreme Court of Louisiana · Jul 3, 1974

"This article does not affect the right to challenge for cause, a juror who is not qualified to serve." This bill is without merit. … The record clearly indicates that the defendants and their counsel knew of Cavalier prior to trial.

State v. LeCompte

406 So. 2d 1300 · Supreme Court of Louisiana · Nov 16, 1981

be obtained by a cooperating defendant in a manner consistent with constitutional law regarding assertion of *1306 the self-incrimination privilege, since a valid claim of the privilege could be overcome with a grant of immunity … I agree with the principal holding in this case, which is that the provisions of R.S. 40:967 E, F and G as to the fine must be struck because no maximum fine has been established.

Scott v. American Tobacco

830 So. 2d 294 · Supreme Court of Louisiana · Nov 15, 2002

Second, and more importantly, my review of clearly-established principles of Louisiana law suggests to me that the plaintiffs' alleged conduct in this case does not qualify as "intentional acts," although I prefer to reserve … Clearly, evidence that the plaintiffs, as a class, were warned that smoking caused these deadly diseases and chose to smoke in spite of this danger is relevant to the common issues of fault and causation and constitutes an

Louisiana State Bar Ass'n v. Williams

518 So. 2d 1005 · Supreme Court of Louisiana · Jan 18, 1988

Evidence submitted at the hearings established that Mr. Percy Herbert was indicted for second degree murder in March of 1980. On October 23, 1980, Mr. … The fee arrangement was clearly contingent in nature and therefore we find that respondent violated DR 2-106(C).

Silver Dollar Liquor, Inc. v. Red River Parish Police Jury

74 So. 3d 641 · Supreme Court of Louisiana · Sep 7, 2011

The prohibition of the sale of alcoholic beverages on Sunday does not close establishments that sell alcohol on Sundays, but merely proscribes certain limits to the sale of alcoholic beverages. … The intent of the legislature was clearly to remove any statewide prohibition against the general sale of merchandise on Sunday.

State of Louisiana v. Messiah Owney

Supreme Court of Louisiana · Jun 29, 2026

establishing the cause for issuance of the warrant.”) … A local rule cannot expand that which the legislature has clearly withheld. See Trahan, 250 La. at 956, 200 So. 2d at 9; see also, Filson v.

State v. Magee

103 So. 3d 285 · Supreme Court of Louisiana · Sep 28, 2012

With a venire pool so large, this did not cause a dearth of qualified prospective jurors. 6. … ^Defense counsel challenged Goostrey for cause, arguing that he clearly articulated his inability to consider intoxication as a mitigating factor and only qualified his response in an effort to say what he “think[s] the Court

Bankson v. Mutual Ben. Health & Accident Ass'n

208 La. 1008 · Supreme Court of Louisiana · Nov 5, 1945

accident and sickness policy by the defendant on August 2, 1932, at which time he was the president and manager of the Wellman Funeral Parlors, Inc., of Shreveport, Louisiana, all of the various functions appertaining to such establishment … Part I provides monthly benefits of $100 for total disability and loss of time resulting from disease “which confines the Insured continuously within doors and requires regular visits therein by legally qualified physician

Byron Gulley v. Hope Youth Ranch

221 So. 3d 21 · Supreme Court of Louisiana · Mar 15, 2017

Furthermore, the Office of Workers’ Compensation hearing officer, as evidenced by the transcript of the hearing, clearly interpreted the Medical Treatment Guidelines to require that “every bit” of a worker’s painful areas … and surgical treatment, and any 1 “It is well settled that the Louisiana Workers’ Compensation Act is a quid-pro-quo system that affords the injured worker with certain but limited benefits in exchange for the general immunity

Johnson v. Sewerage District No. 2 of Parish of Caddo

239 La. 840 · Supreme Court of Louisiana · Apr 25, 1960

As duly qualified voters and property owners in Sewerage District No. 2 of the Parish of Caddo, Louisiana, plaintiffs instituted this action to have declared null, void and of no effect a special bond and tax election held … City of Baton Rouge, 210 La. 830 , 28 So.2d 447, 449 , the city established a zoning and later a city planning commission under another legislative act.

McCargo v. New Orleans Insurance

10 Rob. 202 · Supreme Court of Louisiana · Mar 15, 1845

The rule, causa próxima, non remota spect'atur, is well established ; but the last, is not necessarily the proximate cause. The books are full of cases illustrating this distinction. … The escape into a British island, and' the immunity promised by the *329 foreign law, formed a part of the original plan of the mutineers, and apparently their only motive.

State v. Sawyer

422 So. 2d 95 · Supreme Court of Louisiana · Oct 18, 1982

Review of Guilt Phase Defendant contends the evidence was insufficient to establish the essential elements of first degree murder. … Again, C.Cr.P. art. 905.2 clearly indicates to the contrary.

Succession of Pizzati

141 La. 645 · Supreme Court of Louisiana · Jan 15, 1917

The reason given was that from the second will’s “tenor as compared with the previous wills it appeared clearly to have been intended by the testatrix-to have been made in lieu” of the prior wills. … This status, once established, is entitled to recognition, or, in other words, to have full effect, in all countries where adoption is allowed. Succession of Caldwell, 114 La. 195 , 38 South. 140 , 108 Am. St.

In Re Alford

977 So. 2d 811 · Supreme Court of Louisiana · Feb 15, 2008

Thus, he is not qualified to give a medical opinion based on the review of Judge Alford's medical and pharmaceutical records. Dr. … Yet, the overwhelming evidence fails to establish proof of addiction.

Third Ward School District v. City Board of School Directors

23 La. Ann. 152 · Supreme Court of Louisiana · Feb 15, 1871

Said board of district school directors shall hold their office for two years from the time of their appointment and until their successors are duly elected or appointed and qualified. … The “sole and exclusive control” is conferred upon the “city board of school directors” and the- other subordinate and local boards, clearly meaning that the “ city board of directors ” is-itself a subordinate board, all

State v. Ames

249 La. 685 · Supreme Court of Louisiana · Jun 30, 1966

An inspection of the pleadings and proceedings in the instant case does not show all the facts on which defendant relies to establish error patent on the face of the record. … Certainly in the present case the defendant was represented by competent and well qualified counsel, a fact which a reading of this record will reflect.

State v. Walden Book Co.

386 So. 2d 342 · Supreme Court of Louisiana · Aug 15, 1980

This court is not prepared (nor qualified) to say it lacks serious literary value. … Therefore, we need consider only the patently offensive section which clearly lacks any serious literary, artistic, political or scientific value.

State of Louisiana v. Robert Glen Coleman

188 So. 3d 174 · Supreme Court of Louisiana · Feb 26, 2016

So we need somebody who is qualified and has some experience using that device to measure him...-. … McMullen qualified to serve impartially and found that she clearly indicated an ability and willingness to consider everything required by law. The overall tenor of Ms.