Case law

State v. Johnson

667 So. 2d 510 · Supreme Court of Louisiana · Jan 16, 1996

At the trial of the merits, it was established that Wilson had purchased the Cadillac, which had an odometer reading of 180,000 miles, for $2,800.00 and that towing and storage fees of $50.00 and $2,454.50, respectively, … The forfeiture of this amount under the facts and circumstances of this case does not qualify as "overwhelmingly disproportionate" to the damages caused by such drug trafficking.

State v. Griffin

495 So. 2d 1306 · Supreme Court of Louisiana · Oct 20, 1986

The State of Louisiana appealed the ruling to this Court, arguing the statute as written is clearly constitutional. … The Court noted it has in proper cases sought to identify those rights which qualify for heightened judicial protection, even though not actually identifiable in the Constitution's text.

La. Power & Light Co. v. United Gas Pipe Line Co.

493 So. 2d 1149 · Supreme Court of Louisiana · Nov 6, 1986

broader view of the underlying objectives. [5] Thus, the United States Supreme Court has endorsed the view that possession of unchallenged economic power deadens initiative, discourages thrift and depresses energy; that immunity … In concluding that the purpose and method of the defendant Bastrop Ice & Storage Company as described in plaintiff's petition would clearly result in a monopoly of the ice trade in that section of the state, the Tooke & Reynolds

Menard v. Scudder

7 La. Ann. 385 · Supreme Court of Louisiana · Jun 15, 1852

Higginson, 1 Mason, 340 , which was the case of a letter of credit, specially addressed, Story, Justice, held that it was clearly the duty of the plaintiff to notify the defendants that reliance was placed on the guaranty … Is the evidence in this cause sufficient to establish, with reasonable certainty, such notice or knowledge, and authorize a reversal of the verdict of the jury? IV.

Clomon v. Monroe City School Bd.

572 So. 2d 571 · Supreme Court of Louisiana · Jan 11, 1991

Rayne Branch Hospital, 556 So.2d 559, 569 (La.1990), restrictions on such claims in order to establish a "guaranty of merit against fraud" and other abuses. … In the present case, the defendant school board argues that Sonya's emotional distress does not qualify her for recovery under the Lejeune administrative strictures.

State v. Bellard

533 So. 2d 961 · Supreme Court of Louisiana · Oct 31, 1988

The tape showed her to be a bright, articulate child who was able to clearly describe what happened between her and her uncle. … R.S. 46:56 establishes administrative guidelines for the release of confidential records.

State v. Robinson

874 So. 2d 66 · Supreme Court of Louisiana · Apr 14, 2004

In an attempt to qualify Goodspeed as an agent of the State, defendant alleges that Goodspeed was granted a reduced sentence in exchange for his testimony. … Trial Court Refused to Excuse for Cause Death-Qualified Jurors In his third assignment of error, defendant contends that the trial court refused to excuse for cause jurors who expressed an unwillingness to be impartial with

State v. Brown

907 So. 2d 1 · Supreme Court of Louisiana · Jun 29, 2005

Even some attorneys aren't qualified to handle a death penalty case. Defendant: I understand that too, your honor. The Court: But you think you're qualified? Defendant: Yeah. I'm qualified for my case. … I might not be qualified for other defendants' cases, but my case I'm qualified for. I have been on my case more than any attorney could ever spend time on. The Court: All right.

State v. Spooner

520 So. 2d 336 · Supreme Court of Louisiana · Feb 4, 1988

Such an evidentiary presumption is clearly invalid under the established rule of criminal law that mandatory presumptions may be sustained only if the prosecution can demonstrate that the presumed fact necessarily flows from … The far-reaching new protection of Article I, § 4 clearly extends to the area of forfeitures as well as expropriations.

Cromwell v. Commerce & Energy Bank

464 So. 2d 721 · Supreme Court of Louisiana · Feb 25, 1985

Long-standing case law has established that, unless otherwise agreed, the issuer deals only in documents. … , 1981 audit of C.E., Inc. was "qualified" due to the existence of outstanding payables and receivables with its affiliated partnerships.

State v. Robertson

239 So. 3d 268 · Supreme Court of Louisiana · Apr 6, 2018

A finding is clearly erroneous only if it is implausible in the light of the record considered as a whole. … Where there are two permissible views of the evidence, the factfinder's choice between them cannot be clearly erroneous.

Local Number 1442, Professional Firefighter's Ass'n v. City of Crowley

9 So. 3d 792 · Supreme Court of Louisiana · May 5, 2009

The court of appeal found the testimony presented established that the firefighters are receiving their full base pay and any raises not covered by the sales tax proceeds from the general fund. … The intention of the voters was not necessarily purely altruistic, for it can be assumed the voters passed the tax and dedicated a portion of its proceeds to salary increases for fire personnel to attract and retain qualified

Robinson v. Robinson

778 So. 2d 1105 · Supreme Court of Louisiana · Jan 17, 2001

Louisiana citizens, not wanting to follow Louisiana's law of conventional obligations, enjoy qualified party autonomy in their choice of law. … Robinson was clearly obligated to designate her as the beneficiary at that time.

State of Louisiana v. David J. Koederitz

166 So. 3d 981 · Supreme Court of Louisiana · Mar 17, 2015

Finally, |4with respect to the letters, Judge Lobrano found that the trial court did not abuse its discretion in excluding the two letters written well after the February 2013 incident, portions of which appeared either clearly … (citing Fed.R.Evid. 803(4), Advisory Committee’s Note (statements as to fault would ordinarily not qualify) (other citations omitted). See, e.g., State v.

The Cartesian Company, Inc. and Greg Gachassin v. the Division of Administrative Law Ethics Adjudicatory Board Panel a and the Louisiana Board of Ethics

Supreme Court of Louisiana · Oct 20, 2023

public housing authorities, and the Lafayette Housing Authority (LHA) was established pursuant to that authority.4 Mr. … A defendant engaged in 28 United States Constitution Amendment XIV provides in pertinent part: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;

State v. Copeland

419 So. 2d 899 · Supreme Court of Louisiana · Sep 7, 1982

It is well established law that "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 any indictment or any verdict found by the body … Therefore the proper procedural safeguards, as established by Miranda v.

State v. Nelson

85 So. 3d 21 · Supreme Court of Louisiana · Mar 13, 2012

Louisiana courts have found a myriad of explanations to qualify as race-neutral reasons. See, e.g., State v. … McCollum, 334 N.C. 208 , 433 S.E.2d 144 (1993) ("the simpler and ... clearly fairer approach is to begin the jury selection anew”); Minniefield v.

Joint Legislative Committee of the Legislature v. Strain

263 La. 488 · Supreme Court of Louisiana · Nov 6, 1972

Clearly this holding has no bearing upon Strain's refusal to obey the committee subpoena. … He remains subject to them except insofar as they preclude acceptance of legislative office by one constitutionally qualified for it or impair performance of legislative duties." Reilly v.

ST. BERNARD PORT, HARBOR & TERMINAL DISTRICT v. VIOLET DOCK PORT, INC., LLC St. Bernard Port, Harbor & Terminal District v. Violet Dock Port, Inc., LLC St. Bernard Port, Harbor & Terminal District v. Violet Dock Port, Inc., LLC

239 So. 3d 243 · Supreme Court of Louisiana · Jan 30, 2018

As explained by Delegate Jenkins, the co-author and floor sponsor of Section 4(B)(6), the provision "was clearly intended to counter what delegates perceived as excessive interference by government in the economy and the … (vi), which define a "public purpose" to include expropriation by public ports to facilitate the transport of goods in commerce, the majority opinion elevates this broad general expropriatory authority over the specific qualifying

State of Louisiana v. Lamondre Tucker

181 So. 3d 590 · Supreme Court of Louisiana · Sep 1, 2015

R.S. 14:2(7) are clearly unambiguous. Also, the fact that the legislature established several grades of criminal feticide (see n.17, infra) does not reflect an intent to repeal the plain language of La. … Defendant, in essence, argues that his two near misses at qualifying for the categorical prohibitions established in Roper v. Simmons and Atkins v.