Case law

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.

Succession of Waters

12 La. Ann. 97 · Supreme Court of Louisiana · Feb 15, 1857

The rule that some effect should be given to all the words of the law, is qualified by the condition that it be possible. … Prescription runs against them, as it runs against every person not included in some exception established by law.

Young v. Ford Motor Co., Inc.

595 So. 2d 1123 · Supreme Court of Louisiana · Mar 2, 1992

Clearly, this article anticipates rescission for error that goes to the heart of the contract. … The infringement of such nonpatrimonial rights, however, may give rise to claims for reparation which are clearly patrimonial assets. Therefore, to speak of nonpatrimonial damages is not perfectly accurate.

State v. Green

418 So. 2d 609 · Supreme Court of Louisiana · Jul 2, 1982

The legislature and this court have recognized the importance of establishing safeguards to guarantee accuracy in chemical testing. … The defendant is basically a good person, having no criminal record, who is a productive member of society and a caring mother, and clearly is unlikely to commit another crime.

Kizer v. Lilly

471 So. 2d 716 · Supreme Court of Louisiana · Jun 25, 1985

A second issue is whether plaintiff alleged sufficient facts to establish that she qualified as a possessor entitled to use the possessory action. … Regardless of a party's subjective intent, he will not be allowed to maintain a possessory action unless he clearly manifested his intent to possess as owner through his acts of possession.

State v. Miller

776 So. 2d 396 · Supreme Court of Louisiana · Sep 6, 2000

The judge clearly did not err in denying the cause challenge. Defendant finally argues that prospective juror Marjorie Roy should have been excused for cause. … We're going to—all our evidence is going to conform to the guidelines established by Payne and Bernard and their progeny, and we will not exceed the limits established by those cases.

Xiques v. Bujac

7 La. Ann. 498 · Supreme Court of Louisiana · Jun 15, 1852

Annonciation is the name of the place in controversy, and Place qualifies it as a public place for the embellishment of the city. … 'With regard to the church, they did not limit its establishment to any period, or reserve the right of ever resuming the property, if it was not established at all.

Hebert v. Doctors Memorial Hosp.

486 So. 2d 717 · Supreme Court of Louisiana · Mar 31, 1986

Weight must clearly be given to this statement of the act's object in determining the Legislature's intent in passing this statute. … La.Rev.Stat. § 9:5628 qualifies on neither score.

Feiber v. Supreme Council A. L. H.

112 La. 960 · Supreme Court of Louisiana · May 23, 1904

Neither has been established. … The policy does contain the language referred to, but its generality is qualified by the subsequent words, “subject, however, to the conditions, limitations, and restrictions following,” and among these conditions, restrictions

State v. Harvey

358 So. 2d 1224 · Supreme Court of Louisiana · May 26, 1978

She was granted immunity by the State and testified at the trial of Harvey and Atwell, implicating both in the crime. … Such a finding is permissible only if supported by evidence establishing guilt beyond a reasonable doubt.

Day v. National US Radiator Corporation

241 La. 288 · Supreme Court of Louisiana · Mar 20, 1961

This qualified approval, according to the evidence, was tantamount to rejection in toto. Vince then submitted a second brochure. … explanation that it was committed to the theory that the doctrine cannot be availed •of where there is direct evidence as to the precise cause of the accident and all the facts and circumstances attendant upon the •occurrence clearly

Justin Ulrich, Gwen Ulrich, Raymond and Pam Alleman, Individually and on Behalf of All Others Similarly Situated v. Kimberly Robinson, Secretary Louisiana Department of Revenue

Supreme Court of Louisiana · Mar 26, 2019

Nevertheless, subject matter jurisdiction, once established, may abate if a case becomes moot during the litigation. … Act 413, however, clearly reinstated the plaintiffs’ right to the full amount of the tax credit.

Succession of Coco

185 La. 901 · Supreme Court of Louisiana · Nov 4, 1936

The heir who is granted the right to accept pr reject the succession by article 946 of the Civil Code is clearly the heir of *913 the deceased and not the heir of the heir of the deceased. … Coco and that he be permitted to qualify as such upon taking the oath and furnishing the bond required by law. The succession of Albert D. Coco is to pay the costs of this proceeding.

State v. Rogers

241 La. 841 · Supreme Court of Louisiana · Jun 29, 1961

Malone was of the opinion that the defendant understood the questions and talked clearly. … the judge, its effect for the jury, and whether a sufficient basis was laid for the admission of an alleged voluntary confession is a question of fact upon which the ruling of the trial judge will not be disturbed unless clearly

State v. Vale

252 La. 1056 · Supreme Court of Louisiana · Nov 12, 1968

James, 246 La. 1033 , 169 So.2d 89 , it is clearly distinguishable and inapposite from a factual. as. .well as .legal- standpoint. In the. … We are in full accord with this conclusion for it is well established that this law does not make it a crime to be a multiple offender, but it merely prescribes an enhanced penalty for multiple offenders and the procedure

In Re Rome

856 So. 2d 1167 · Supreme Court of Louisiana · Sep 26, 2003

The board concluded that respondent's failure to abide by the conditions of the prior admonition did not necessarily establish that respondent knowingly made false statements or engaged in dishonest conduct. … Clearly, malfeasance in office while serving as an assistant district attorney is among the most serious misconduct an attorney can commit.

Garrett v. Pioneer Production Corp.

390 So. 2d 851 · Supreme Court of Louisiana · Nov 10, 1980

In these cases the courts clearly found that the ownership of public places was in the public; the public interest was *855 not limited to a servitude. … They qualify as "ancient documents." R.S. 13:3729.

State v. Cripps

259 La. 403 · Supreme Court of Louisiana · Jun 28, 1971

the Miranda decision. 1 *421 Coming now to the question of whether the inculpatory statements and confessions were free and voluntary, the evidence of the police officers, as we have already indicated, is convincing and clearly … The burden rested on appellants to establish discrimination in the selection of the jury. State v.

Louisiana State Bank v. Ledoux

3 La. Ann. 674 · Supreme Court of Louisiana · Dec 15, 1848

'Certainly only to the extent that the surety-could establish injury. This results very clearly from the analogy-of the-law on -the subject of discussion. … Clearly not.

State v. King

956 So. 2d 562 · Supreme Court of Louisiana · Apr 27, 2007

This change in his approach to the prosecution of the case, directly attributable to the rumors, established a conflict with the fair and impartial administration of justice. … It is also necessary that the defendant establish that there is a conflict with a fair and impartial administration of justice.