Case law

State v. Williams

338 So. 2d 672 · Supreme Court of Louisiana · Oct 6, 1976

Bailey was qualified as a medical expert and accepted as such by the defendant and the court. La.R.S. 15:466. … It was not clearly shown that Mrs. King lied (as opposed to employing a mental reservation) when she answered the prosecutor's question as to drug use.

State v. Graves

301 So. 2d 864 · Supreme Court of Louisiana · Oct 11, 1974

Graves' wife knowing that it was important to establish an alibi for Mr. … The prosecutor stated: "* * * I can perhaps qualify by any misleading impression I may have given to the jury by stating that I did not intend to convey to the jury that Mr.

State v. Taylor

838 So. 2d 729 · Supreme Court of Louisiana · Jan 14, 2003

Apart from the question of whether the state's evidence technically qualified as res gestae or under the "plan" exception to other crimes evidence in La. … Here, the evidence clearly established defendant accompanied Timothy Taylor to the car dealership and went on a test drive with the victim.

State Ex Rel. Barksdale v. Dees

252 La. 434 · Supreme Court of Louisiana · Jun 4, 1968

suffer financial hardship from service without pay ***.*** Petitioner is an indigent Negro; the aforementioned policy of the State of Louisiana at the time of petitioner’s trial systematically excluded daily wage earners, qualified … The facts stated by the court in regard to excusing daily wage earners from jury service clearly show that there was no formal or systematic exclusion. It was stipulated in the case of State v.

City of New Orleans v. ASSESSORS'RETIREMENT AND RELIEF FUND

986 So. 2d 1 · Supreme Court of Louisiana · Jan 7, 2008

Now, in sum, let me tell you this very clearly. … The provision clearly violates La. Const. art.

State v. Wilson

204 La. 24 · Supreme Court of Louisiana · Jun 21, 1943

The defendant in the Pierre case, conforming to the well established law of procedure, properly• and timely moved to quash the indictment and the general venire from which had been drawn the grand jury that returned the indictment … Clearly, the trial could not begin sootier than the three judicial days after the grand jury is drawn.

In Re Lemoine

686 So. 2d 837 · Supreme Court of Louisiana · Jan 14, 1997

Respondent was clearly associated in the practice of law with Van Dyke and Brewer. He shared legal representation in cases and split fees. … Judge Lemoine involved himself in frequent transactions with lawyers Van Dyke and Brewer, who were clearly persons "likely to come before" his court.

State v. Mallery

364 So. 2d 1283 · Supreme Court of Louisiana · Nov 13, 1978

Even if these facts are accepted as established the contention is without merit. … Measured by this or almost any other standard now available, the life imprisonment mandatorily imposed for this drug offense under these circumstances is clearly excessive. V.

Succession of Fertel v. Fertel

226 La. 307 · Supreme Court of Louisiana · Mar 22, 1954

whether the partition is to be by licitation or in kind, “has a right to regulate this mode”; the clause following, “as may appear to him most convenient and most advantageous for the general interest of the co-heirs” is qualified … In view of the fact that the manner of conducting the sale directed by the district judge was never at issue in this case, and there is no evidence to support the same, the trial judge was clearly without authority to order

Roberts v. Wilkinson

5 La. 369 · Supreme Court of Louisiana · May 15, 1850

But this proposition is qualified by what follows: “The contract which the wife may have made, declaring that she was authorized by her husband, though she was not,- will not be rendered valid by the ratification, or subsequent … In vol. 7, sec. 571, the opinion of this author is clearly in favor of the effect of the subsequent ratification in giving validity to contracts made by the wife.

State v. Brown

879 So. 2d 1276 · Supreme Court of Louisiana · Jul 6, 2004

An examination of Act No. 23 clearly reveals the Legislature intended to provide that any person who had been adjudicated a delinquent for certain felony-grade violations was subject to sentence enhancement for a subsequent … "[I]t is incorrect to assume that it is not only sufficient but necessary that the `fundamental triumvirate of procedural protections,' as the Ninth Circuit put it, underly [sic] an adjudication before it can qualify for

Wenk v. Anisman

211 La. 641 · Supreme Court of Louisiana · Apr 21, 1947

Levy, the Pioneer Industrial Bank, the Commercial National Bank in Shreveport, and Richard LeRoy Benoit, the latter being the duly appointed and qualified natural tutor of the mentioned minors. … From the discussed articles, it is noticed that the Code of 1870 clearly announced, as a matter of substantive law, under what circumstances and to whom property of a minor could be sold.

Texas & Pacific Railway Co. v. Southern Pacifc Railway Co.

41 La. Ann. 970 · Supreme Court of Louisiana · Dec 15, 1889

But from the very nature of the principle, as shown by the authorities cited, it appears clearly that those matters only which were covered.by, and included in, the compromise or agreement, are affected as things adjudged … The parties have thus construed their own contract, and have themselves qualified their agreement in a manner which completely refutes tlie argument of plaintiff’s counsel in tlie present case.

De Reyes v. Marine Mgt. and Consulting

586 So. 2d 103 · Supreme Court of Louisiana · Sep 9, 1991

Minimum Contacts under General Jurisdiction The record clearly reflects that defendant Wallem established a corporate office in Louisiana and continuously and systematically conducted a regular part of its ship management … Wallem's superintendents were highly qualified experts in all phases of ship management; their onsite personal attention to the problems of vessels and personnel was essential to Wallem's global operations.

City of Bossier City v. Vernon

100 So. 3d 301 · Supreme Court of Louisiana · Oct 16, 2012

The 1974 Louisiana Constitution, Art. 10, § 16 also provides: A system of classified fire and police civil service is created and established. … Clearly, the court’s interpretation of the administrative review function of the Commission or Board had not changed.

State v. Eames

365 So. 2d 1361 · Supreme Court of Louisiana · Jan 19, 1979

The second count, as noted above, accuses the defendant of having "participated in the aforementioned riot," but is qualified by the detailed "more specifically" clause. … Clearly, therefore, attempted participation in a riot is a responsive verdict to participation in a riot. For the reasons assigned, I respectfully dissent.

Thomas v. Missouri Pacific RR Co.

466 So. 2d 1280 · Supreme Court of Louisiana · Apr 1, 1985

In this Court, plaintiffs assert the following assignments of error: 1) An erroneous jury charge was not harmless error. 2) The Railroad's violation of its own speed limit did establish negligence, contrary to the findings … The judge also read to them R.S. 32:171(A), the statute in effect at the time of the accident, which puts a qualified duty upon a motorist to stop at a grade crossing. [6] The jury by an eleven to one vote returned a verdict

Sims v. Mulhearn Funeral Home, Inc.

956 So. 2d 583 · Supreme Court of Louisiana · May 22, 2007

The description of "benefits" on which plaintiff relies is thus qualified by the provision immediately preceding it, making the "benefits" subject to the "face amount shown" in policy schedules. … The insurance policy establishes the limits of liability, and that policy is the law between the parties. Id.

Creech v. Capitol MacK, Inc.

287 So. 2d 497 · Supreme Court of Louisiana · Oct 29, 1973

The Court failed to consider Civil Code Articles 3182 and 3183 which do establish creditors' right against their debtors. … Even before Febrero's commentaries, other earlier commentators clearly distinguished between the rights of the parties during the marital regime and the rights of the parties upon dissolution of the marital regime.

Succession of Gomez

226 La. 1092 · Supreme Court of Louisiana · Jan 10, 1955

Gomez the executrix named in the will qualified, and this succession has been under administration ever since. … An examination of the method used by the executrix in computing the legitime and the disposable portion, as set out above, clearly shows that there is no merit in this last contention.