Case law

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.

State v. Miller

391 So. 2d 1159 · Supreme Court of Louisiana · Dec 15, 1980

By this assignment of error, defendant contends that such a procedure produces a death-qualified jury which is more guilt prone than one drawn from the general populace. … According to the record, the judge never responded to Merritt's objection. [2] Defense counsel asserts in brief that McDonald "clearly had a grudge against the defendant for having slept with his common-law wife."

Halley v. First Financial Bank

519 So. 2d 764 · Supreme Court of Louisiana · Jan 18, 1988

Another account was established at the same time for $7,545.43. … Mitchell’s signature on the two notes was not qualified. There is no indication that she borrowed the money in a fiduciary capacity.

Cole v. Celotex Corp.

599 So. 2d 1058 · Supreme Court of Louisiana · May 28, 1992

For instance, in Lovell, supra, we clearly articulated that "[o]ur decision [was one] establish[ing] a new principle of law by overruling clear past precedent on which litigants have relied." 378 So.2d at 422 . … The exposure theory is clearly superior to the manifestation theory.

State v. Stokes

433 So. 2d 96 · Supreme Court of Louisiana · May 23, 1983

None of the remaining assignments of error present reversible error, and they involve legal issues which are governed by clearly established principles of law. … An illustration is the police report incorporating information obtained from a bystander: the officer qualifies as acting in the regular course but the informant does not." See Advisory Committee Notes on FRE 803(6).

In Re: Ronald Seastrunk

236 So. 3d 509 · Supreme Court of Louisiana · Oct 18, 2017

The LDAA asserts that ODC's proposed "broader-than- Brady " rule would only create confusion, and ODC has not established that Brady's standard has proven inadequate. … Because we find ODC did not meet its burden of proof in establishing a violation of any ethical duty, we pretermit any discussion of this issue.

COLE-MIERS POST 3619 VFW v. State, Department of Revenue & Taxation

765 So. 2d 312 · Supreme Court of Louisiana · Jan 19, 2000

Clearly, this was for easier reading of the law because there is no indication that the legislature sought to add new exceptions or substantively change the previous subsections. … majority reasons that interpreting the narrow circumstances listed in La.R.S. 26:81 E as an exception to the general prohibition of the sale of alcoholic beverages in La.R.S. 26:81 A and B(1) would allow a business that qualified

State v. Andrus

250 La. 765 · Supreme Court of Louisiana · Jun 5, 1967

To the admission of these photographs and the testimony of these two witnesses-counsel objected on the ground that the witnesses were giving opinion evidence without having qualified as experts. … The third is the admission or acknowledgment of facts merely tending to establish guilt but not involving the existence of criminal intent.

Carriere v. ST. LANDRY PAR. POLICE JURY

707 So. 2d 979 · Supreme Court of Louisiana · Mar 4, 1998

Landry Parish Coroner after no physician qualified to run for the position. The lack of interest on the part of parish doctors was apparently due to the fact that the office has been seriously underfunded for years. … CORONER'S OPERATIONAL EXPENSES The statutory provisions regarding coroners clearly place responsibility for payment of the coroner's operational expenses on parish governing bodies. La.

State v. Robinson

423 So. 2d 1053 · Supreme Court of Louisiana · Nov 29, 1982

None of the remaining assignments of error (assignments of error numbers 1, 3, 4, 5, 7, 15, 16 and 17) present reversible error, nor do they involve legal issues not governed by clearly established principles of law. … The perfunctory steps which the state took in this case can hardly qualify as a "good faith effort". In point of fact, it was almost no effort at all.

First Guar. Bank v. Attorneys Liability

515 So. 2d 1080 · Supreme Court of Louisiana · Nov 30, 1987

Under R.S. 22:1253(A), there is an implied appointment of the Secretary of State as the agent for the service of process on any foreign or alien insurer which is not qualified to do business in Louisiana, but which transacts … This distinction is of no merit because he was clearly in New Orleans on behalf of ALAS. [12] The Direct Action Statute provides a right of action against the insurance carrier. It is not jurisdictional.

F. Miller & Sons v. Calcasieu School Bd.

838 So. 2d 1269 · Supreme Court of Louisiana · Feb 25, 2003

The finding of an agency relationship is a finding of fact which will not be overturned unless clearly wrong. Boulos v. Morrison, 503 So.2d 1, 3 (La.1987). … In some instances, the entities specified in R.S. 47:301(8) making the types of purchases that qualify them for the exclusion from the definition of person may act through an agent or employee in making the purchase.

State v. Johnson

261 La. 620 · Supreme Court of Louisiana · Mar 27, 1972

The following responses by the proposed juror to questions of the trial judge clearly exhibit the correctness of the ruling. “BY THE COURT: Mr. … We find nothing in the record to establish that appellant was in any way prejudiced by the ruling.

State v. O'Day

188 La. 169 · Supreme Court of Louisiana · Jun 21, 1937

It is best that the jury clearly understand the case. … “The-words ‘local’ or ‘special’ are clearly used in contradistinction of the word ‘general’.

Bannister v. Dept. of Streets

666 So. 2d 641 · Supreme Court of Louisiana · Jan 16, 1996

Hence, in deciding whether to affirm the Commission's factual findings, a reviewing court should apply the clearly wrong or manifest error rule prescribed generally for appellate review. … To the contrary, the arrangement designated the best qualified person to fill a void caused by another employee's illness.

State v. Kennedy

803 So. 2d 916 · Supreme Court of Louisiana · Apr 3, 2001

Such a pattern, however, is fairly typical of sexual assaults *925 against children and is, therefore, far too general to qualify as this particular defendant's "signature." See State v. Ledet, 345 So.2d at 478-79 . … These statements were too broad in light of the well established principles set forth above.

Daugherty v. Domino's Pizza

674 So. 2d 947 · Supreme Court of Louisiana · May 21, 1996

While the court of appeal decided that the employer had failed to meet its burden of proof on other grounds, it noted in dictum: If Kennedy did qualify and was accepted for this position, he would have faced a 40 to 50 mile … Daugherty clearly demonstrated that Domino's failed to provide him with the medical report of Dr.

State v. Mejia

257 La. 310 · Supreme Court of Louisiana · Dec 14, 1970

However, when this statement is considered with the unquoted part of his testimony contained in he record, it clearly exhibits that this prospective juror could not and would not return a capital verdict under any circumstances … chosen on the jury, and assuming you are convinced of the guilt of the accused, then after such time you are free to do one of two things, to return a verdict of guilty as charged, which carries the death penalty, or to qualify

Bird v. Black

5 La. 189 · Supreme Court of Louisiana · Mar 15, 1850

Bird, until a tutor was qualified upon giving good security; and therefore will only require him to account as a tutor so qualified. … This transaction is not clearly explained by the evidence; it is the plaintiff’s fault, who might, in strictness, be charged with the $2300, especially as through Duplantier's bond she afterwards became owner of the mortgaged

Haughton Elevator Division v. STATE, ETC.

367 So. 2d 1161 · Supreme Court of Louisiana · Mar 7, 1979

Any person qualified to inspect the elevators would in all probability be a competitor of Haughton. … By the 1974 state constitution, a governmental entity is not immune "from suit and liability in contract or for injury to person or property." Art. 12, Section 10.