Case law

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

Andrus v. Eunice Band Mill Co.

190 La. 141 · Supreme Court of Louisiana · May 30, 1938

He clearly states his conclusions and the reasons upon which they are based. His conclusions are so completely in accord with ours that we adopt his opinion and make it our own. Opinion of the Trial Judge. “Morgan D. … But the defendant did introduce the direct and unequivocal testimony of three qualified timber men to the effect that in the early part of 1928 there was no merchantable timber left on the land suitable for sawmill purposes

Guidry v. Sline Indus. Painters, Inc.

418 So. 2d 626 · Supreme Court of Louisiana · Jul 2, 1982

Employers Mutual Liability Insurance Company of Wisconsin, 245 La. 33 , 156 So.2d 468 (1963) and held that physical disability resulting solely from extraordinary mental or emotional causes qualified as an injury by accident … Causal connection was thus clearly established by a preponderance of evidence in this case. Roussel, supra.

Louisiana State Bar Ass'n v. Reis

513 So. 2d 1173 · Supreme Court of Louisiana · Oct 19, 1987

Reis retained local counsel in North Carolina to secure a proper representative qualified to receive the funds. The funds were then forwarded to a bank in that state. … A transcript of the proceeding would show clearly that it is my custom to have an indepth dialogue with any individual who enters a plea before me.

City of New Orleans v. de St. Romes

9 La. Ann. 573 · Supreme Court of Louisiana · Dec 15, 1854

This was clearly not an ordinary election, nor was the test of qualification of those who presented themselves at the ballot-box, the 10th Article of the Constitution alone. … R. 150, the Supreme Court said : “In such sales, according to the principles of jurisprudence established by several decisions of the Supreme Court of the United States, and which prevail generally in the several States of

Succession of Smith v. Kavanaugh, Pierson & Talley

513 So. 2d 1138 · Supreme Court of Louisiana · Sep 9, 1987

Furthermore, by electing or committing himself to introduce his attorney-client communications at trial and thereby waiving his privilege to such communications, a party creates a special unfairness to his adversary which qualifies … Smith and her attorney have not claimed any privilege or immunity.

State v. Jones

408 So. 2d 1285 · Supreme Court of Louisiana · Jan 25, 1982

However, we note that this prospective juror's clearly expressed determination not to find the defendants guilty of the charge of aggravated rape, regardless of facts presented at the trial, because of the mandatory penalty … John Kokemar, qualified by the state as an expert in the field of internal medicine and the examination of rape victims, to testify as to the female victim's emotional state— outside the area of his expertise. Dr.

Taranto v. Louisiana Citizens Property Insurance Corp.

62 So. 3d 721 · Supreme Court of Louisiana · Mar 15, 2011

They assert the words “forever barred” clearly provide for the extinguishment of a right upon the expiration of the extended contractual deadline, ie., a per-emptive period. … Whether it qualifies as “fire and extended coverage” is a closer question. Plaintiffs’ policy is a homeowners’ policy, but it does cover against fire damage.

State ex rel. Leche v. Waggner

42 La. 54 · Supreme Court of Louisiana · Jan 15, 1890

In exact compliance with that statute, the judge a quo made an order for the summoning of a special jury of thirty qualified jurors. … For, the corollary of his own theory is fully established by respondent’s own evidence, and it is that, if a person under arrest should decline to make such promise, be would refuse him his liberty.

State v. Clouatre

262 La. 651 · Supreme Court of Louisiana · Jun 29, 1972

As we understand this contention, the State did not lay the proper predicate for the introduction into evidence of the narcotic paraphernalia seized from Clouatre —that is, custody and connexity were not established. … Sustaining the prosecutor’s objection to this repetitious interrogation, therefore, was clearly within the province of the trial judge to regulate the orderly trial of the case.

State v. Duvall

135 La. 710 · Supreme Court of Louisiana · Mar 30, 1914

An unfit person was found on the panel, and the court ordered that he should be replaced by a person properly qualified to sit on the jury. The exceptions noted above are in line with the ruling in the case of State v. … On the contrary, there are many authorities admitting and .establishing the power of the court to discharge the jury, even in capital cases. * * * “The general rule, as laid down by Coke, and most of the cases on the subject

State v. Eaton

524 So. 2d 1194 · Supreme Court of Louisiana · Apr 11, 1988

These photographs are clearly not pleasant. However, in the guilt phase they were highly relevant to establish the nature and extent of the wounds and corroborate the testimony of Dr. McCormick as to the cause of death. … In any event, the pathologist's testimony clearly established that the victim was still alive at the time defendant had intercourse with her.

State v. Fourcade

45 La. Ann. 717 · Supreme Court of Louisiana · May 15, 1893

In defendant’s brief it is said that the power delegated to the city would have justified it in passing Ordinance 6506 (the ordinance attacked) had not the State superseded or qualified exercise of the power by exercising … State and mere violations of municipal ordinances, and the bearing of the constitutional provisions referred to touching the respective modes or methods for the prosecution and punishment of offences against the same, is clearly

State v. Banks

307 So. 2d 594 · Supreme Court of Louisiana · Jan 20, 1975

The necessity of having these safeguards clearly indicates the high degree of prejudice anticipated as a consequence of the introduction of such evidence. … I therefore doubt the wisdom of allowing evidence of other crimes to establish identity when such use is not statutorily approved.

In Re Succession of Milne

230 La. 729 · Supreme Court of Louisiana · Jun 11, 1956

In the event no satisfactory agreement can be reached between the Trustees and the City of New Orleans, under the terms of which the Milne Municipal Boys’ Home would house only destitute orphan boys—so as to qualify that … conditions, the general purpose of such trust, devise, or conditional bequest without regard to and free from any specific restriction, limitation or direction contained therein, provided, however, that in the absence of a clearly

State v. Fisher

380 So. 2d 1340 · Supreme Court of Louisiana · Jan 28, 1980

Morin, a qualified psychiatrist who examined defendant within days of Dr. Willis' examination of defendant, testified at the suppression hearing concerning defendant's depressed condition. The absent witness, Dr. … Clearly, she was not subject to "custodial interrogation" at the time the statement was made. Hence, defendant had no right to be informed of her constitutional rights. State v. Berain, 360 So.2d 822 (La.1978).

State v. F. B. Williams Cypress Co.

132 La. 949 · Supreme Court of Louisiana · Apr 14, 1913

Special rules are hereafter established for courts of probate and justices of the peace.” … W. 461 : Where a mistake in the amount for which judgment is rendered is clearly the result of miscalculation, the judgment may be corrected. Hughes v.

State v. Murray

375 So. 2d 80 · Supreme Court of Louisiana · Oct 10, 1979

Moreover, the record clearly indicates that defendant was allowed to extensively cross-examine the witness on the subject of his motives for testifying. Assignment of Error No. 7 is without merit. … counsel's questioning of Delisa Vaughn, a lay witness, was properly sustained since it called for an answer involving an expert knowledge obtained only by means of a special training or experience, which this witness was not qualified

State of Louisiana v. Eric Dale Mickelson

149 So. 3d 178 · Supreme Court of Louisiana · Sep 3, 2014

further, explaining “[f]or example, the guy had some mental illness or because he was drinking or doing drugs so that he couldn’t decide to conform to the law,” Roy Johnson voluntarily and without prompting or being led qualified … He was able to conduct coherent conversations with Michael Jones and to clearly articulate his version of events to police interviewing him. .

State v. Scruggs

165 La. 842 · Supreme Court of Louisiana · Jan 18, 1928

The question was clearly relevant, for it tended to establish one link in a chain of circumstantial evidence (see ante, par. … Under the circumstances above stated the judge properly refused to allow the witness to give his opinion, even though he claimed to be qualified to answer. State V. Smith, 106 La. 33, 36 , 30 So. 248 . Bill No. 2.