Case law

Guillot v. Munn

756 So. 2d 290 · Supreme Court of Louisiana · Mar 24, 2000

Price, Analysis of Selected Factors Relating to Child Support Guidelines, (Jan. 19, 1993), pp. 16-17 and Table 2 (surveying the states using the Income Shares approach and comparing the varying levels of visitation that qualify … (emphasis added). [6] Prior to the enactment of these articles, which were effective January 1, 1994, the idea of frequent and continuing contact with both parents was clearly established in Louisiana law.

Connor's Widow v. Administrators of Connor

10 La. Ann. 440 · Supreme Court of Louisiana · Jun 15, 1855

The wife has participated in the distribution of the Mississippi estate, and occupies the Berkley mansion under the assignment of dower, hut with means incompetent to sustain the establishment in its former style, or to live … It is a precedent, however, and as such should be followed, even though solitary, unless we are clearly satisfied thatits doctrines are unsound.

State v. Frost

727 So. 2d 417 · Supreme Court of Louisiana · Dec 1, 1998

Although the Cappos clearly were very close to the victim, they do not qualify as "family" under either a traditional or a legal definition of the word. [6] See Webster's New Collegiate Dictionary 414 (G. & C. … established principles of law.

Smith v. State Through Dept. HHR

523 So. 2d 815 · Supreme Court of Louisiana · Apr 11, 1988

Smith's condition occurred, but he was quick to qualify his testimony and to stress that there was no way of knowing whether her condition changed gradually or suddenly. … The court of appeal was of the view that the trial court's finding that the plaintiffs failed to establish causation was not clearly wrong or manifestly erroneous.

State Ex Rel. Department of Highways v. Rapier

246 La. 150 · Supreme Court of Louisiana · May 12, 1964

Rapier's because his figures were "higher than the others" and too high in his opinion, although he felt this witness was thoroughly qualified as an expert; Mr. Russo and Mr. … I feel the facts as disclosed by this record, when properly applied to the law, will clearly demonstrate the defendant has totally failed to establish the true market value of the property taken in this case is greater than

State v. Liner

397 So. 2d 506 · Supreme Court of Louisiana · Apr 6, 1981

More precisely, the concept has been implicitly qualified by State v. Roy, 395 So.2d 665 (La.1981), in which this court applied Jackson v. … It is important to observe that this first conversation of June 13th appears to be the first clearly inculpatory statement made by the defendant during the course of the investigation.

State v. Tauzier

397 So. 2d 494 · Supreme Court of Louisiana · Apr 6, 1981

We find no indication that these jurors did not meet the qualifications established by LSA-C.Cr.P. Art. 401. … The connexity of the bolt cutters to the case was adequately established.

State v. Monroe

305 So. 2d 902 · Supreme Court of Louisiana · Dec 2, 1974

He has likewise established that his family was denied the right to visit him and thereby assist him or advise him. … As we noted, the trial court accepted the testimony of six police officers that, in their presence, no coercive threats or promises of immunity were made.

State v. Lecompte

371 So. 2d 239 · Supreme Court of Louisiana · May 21, 1979

Lastly, the probative value of the evidence of each attempted forcible rape, relating to the proof of identity and intent, clearly outweighs its prejudicial effect. … ASSIGNMENT OF ERROR NO. 8 The court qualified defense witness Dr. Lillian Robinson as a medical expert in the field of psychiatry and psychoanalysis. She testified as to the defendant's mental history.

State v. Trahan

576 So. 2d 1 · Supreme Court of Louisiana · Mar 8, 1991

In support of this theory, the state put on expert testimony to establish defendant intentionally shot the victim. … However, we clearly emphasized *5 our order was "prospective only." 551 So.2d at 1305 .

State v. Thompson

116 La. 829 · Supreme Court of Louisiana · Mar 26, 1906

The ruling complained of was clearly correct. … The rule established and clearly deducible from the majority of American authorities, however, as to secondary evidence, is the same in effect as the rule between primary and secondary evidence; that is, that, when secondary

Transcontinental Gas Pipeline Corp. v. Louisiana Tax Commission

32 So. 3d 199 · Supreme Court of Louisiana · Mar 16, 2010

on whether the pipeline company is engaged in intrastate or interstate commerce, but on whether the pipeline company is rate-regulated or non rate-regulated, the court of appeal stated, “... states have large leeway to establish … , “Where a statute regulates even-handedly to effectuate a legitimate local public interest, and its | ^effects on interstate commerce are only incidental, it will be upheld unless the burden imposed on such commerce is clearly

Arabie v. CITGO Petroleum Corp.

89 So. 3d 307 · Supreme Court of Louisiana · Mar 13, 2012

the finding is not clearly wrong or manifestly erroneous. … Because plaintiffs are not authorized to recover an punitive damages under Articles 3546 or 3543, and because this matter does not qualify as an exceptional case under Article 3547 through the application of the factors contained

State v. Williams

346 So. 2d 181 · Supreme Court of Louisiana · May 16, 1977

Clearly, the purpose of the sequestration rule was not endangered by Ryder's attendance during the voir dire examination of prospective jurors and before any testimony was taken in the case. … Furthermore, the impeachment of a verdict by a juror is prohibited by La.R.S. 15:470: "No juror, grand or petit, is competent to testify to his own or his fellows' misconduct, or to give evidence to explain, qualify or impeach

State v. Brenan

772 So. 2d 64 · Supreme Court of Louisiana · May 16, 2000

The United States Supreme Court has sought to identify those rights which qualify for heightened judicial protection, but are not specifically delineated in the Constitution's text. … The legislature clearly thought this regulation effected the State's peace and order as well as morality. [8] La.

State v. Stiles

5 La. 324 · Supreme Court of Louisiana · Apr 15, 1850

The leading objects of this certainty are that the defendant may know what the crime is with which he is charged; that the jury may find the accused guilty or not guilty of facts which clearly constitute a violation of law … The indictment sets forth with minute accuracy, that Styles was a public officer, to wit, the Tax Collector of the Fourth Representative District of New Orleans, duly appointed, qualified and authorised to collect the taxes

Skipwith v. Glathary

34 La. 28 · Supreme Court of Louisiana · Jan 15, 1882

The testimony and evidence show, that the demand and notice required in hypothecary actions were given, and also establish the inability of the tutor debtor to pay. C. P. 70. 3. … Their father qualified as their tutor by nature. An extract of the inventory containing an evaluation of the property included therein, $18,255,72, was duly recorded in the proper mortgage office.

Fitzgerald v. Tucker

737 So. 2d 706 · Supreme Court of Louisiana · Jun 29, 1999

Rather, "[t]he Code requires the pleader to state what act or omission he or she will establish at trial." Id. (footnote omitted). … Thus, defamation by picture is usually established through implication, given the context in which the photograph appears." Sack & Baron, supra, § 2.4.9.

City of New Orleans v. Bd. of Dir. of State Museum

739 So. 2d 748 · Supreme Court of Louisiana · Mar 2, 1999

The City of New Orleans established the first Vieux Carré Commission in 1925. … clearly on the face of the pleadings.

State v. Sneed

328 So. 2d 126 · Supreme Court of Louisiana · Jan 19, 1976

. *132 Whether offered for the purpose stated or otherwise, the statement of the decedent while he was being brutally beaten to death was clearly admissible as part of the res gestae, La.R.S. 15:447-48, a well-recognized … He was, then, qualified to give an opinion as to the cause of Curtis Jones' death from his observation of the decedent's physical condition.