Case law

State v. Birbiglia

149 La. 4 · Supreme Court of Louisiana · Nov 29, 1920

As to Zalenka’s motion for a severance, the allegations of fact contained in it were not sworn to, and therefore the facts therein alleged were not established as facts even priina facie. State v. … But the wording is not so qualified. It is broad and sweeping: “On trials for murder the jury may find.the prisoner guilty of manslaughter.”

Union National Bank v. Forsyth

50 La. Ann. 770 · Supreme Court of Louisiana · May 30, 1898

It would be greatly erroneous to substitute any other meaning than *775 that which clearly appears from the words of the act. … It is further ordered, adjudged and decreed that writs of seques - tration and injunction in this case be dissolved to the amount of plaintiff’s indebtedness herein established, and that the amount of one thousand dollars

Williams v. Regional Transit Authority

546 So. 2d 150 · Supreme Court of Louisiana · Jun 19, 1989

The arrest of an innocent person certainly qualifies as an unexpected and unforeseen event from the perspective of the arrestee. … The risk that an employee who has been given responsibility for handling the employer's funds or property will be wrongfully accused of stealing that property is clearly a risk that arises from employment.

State v. McInnis Bros. Const.

701 So. 2d 937 · Supreme Court of Louisiana · Oct 21, 1997

We subsequently granted defendants' writ application to determine whether the time limitation established in La. … R.S. 38:2189 establishes a time limitation which is peremptive in nature.

Doerr v. Mobil Oil Corp.

774 So. 2d 119 · Supreme Court of Louisiana · Dec 19, 2000

Temple, 580 So.2d 1133 (La.App. 4th Cir.1991), the court of appeal established the first true "test" in Louisiana to determine whether or not a pollution exclusion would prevent coverage to an insured. … However, even if it were a valid consideration, the plaintiffs in this case have clearly so alleged in their petition.

State v. Richmond

284 So. 2d 317 · Supreme Court of Louisiana · Sep 24, 1973

You are called upon to do one grave, solemn act, to try to reach a fair and impartial verdict just as clearly as you can under our consciences and ability to understand. … THE COURT: I am going to rule at this time that he is qualified to serve and direct that he be administered the oath. MR.

State v. Palmer

227 La. 691 · Supreme Court of Louisiana · Mar 21, 1955

Of necessity, their accuracy and authenticity must, as a condition precedent to their admissibility, be satisfactorily established. … Courts have generally recognized these fundamentals on the theory that they are pictorial communications of a qualified witness in addition to or in aid of throwing light on parole evidence and thereby afford a more enlightened

Edwards v. Daugherty

883 So. 2d 932 · Supreme Court of Louisiana · Oct 1, 2004

Thus, LSA-R.S. 33:1482 authorizes Sheriffs in the State of Louisiana to establish and become members of "an interlocal risk management program," [6] pool their risks, and establish a group self-insurance fund. [7] Approximately … He also dissented from the majority's inclusion of certain attorney's fees in establishing the available policy limits.

Oglesby v. Turner

124 La. 1084 · Supreme Court of Louisiana · Dec 13, 1909

Murphy, a Notary Public, duly commissioned and qualified in and for the parish of Orleans, City of New Orleans, State of Louisiana, aforesaid, “Personally came and appeared “Mrs. Amanda Delmas, widow of John T. … establish that it is a disposition of last will.’

Butler v. Baber

529 So. 2d 374 · Supreme Court of Louisiana · May 23, 1988

We find ample evidence, produced by both sides, to establish plaintiffs' claims. … The facts of this case clearly establish that the defendants' dredging operation caused damage to the plaintiffs' oyster beds and the oyster production from those beds.

Monroe Municipal Fire and Police Civil Service Board v. Reginald Brown and the City of Monroe

Supreme Court of Louisiana · Sep 3, 2025

The board is also authorized to initiate an investigation at the request of a qualified elector. See La. R.S. 33:2500C. … I have to make sure that I take my time and that I – I think things clearly and think things through it in order to make decisions.

State v. Capaci

179 La. 462 · Supreme Court of Louisiana · Feb 26, 1934

“In the first place the-verdict of the jury was clearly in accordance with the law and the evidence. … with premeditation, whereas in manslaughter the act is committed without malice — as when in a sudden quarrel two persons fight and one of them kills the other. • * * “The punishment for Murder is death, but the Jury may qualify

Wrm v. Hcv

951 So. 2d 172 · Supreme Court of Louisiana · Mar 9, 2007

192, the court of appeal rendered its decision in this case, and concluded that "retroactive application of LSA-C.C. art. 191 is an unconstitutional abridgement of a right to due process." [7] In my view, the legislature clearly … Gerald D., 491 U.S. 110, 127 , 109 S.Ct. 2333, 2344 , 105 L.Ed.2d 91 (1989), which held that the non-spouse's claims of parental rights to a child born into a marriage are "not the stuff of which fundamental rights qualifying

Laidlaw Environmental Services, Inc. v. Louisiana Public Service Commission

752 So. 2d 748 · Supreme Court of Louisiana · Nov 30, 1999

The Commission therefore found, as a factual matter, that the facts of one regulated haul and four outstanding bids were established. … Clearly, its choice to operate outside the parameters of its certificate is not a cause beyond its control. Cf.

State v. Bridgewater

823 So. 2d 877 · Supreme Court of Louisiana · Jun 21, 2002

(as established by his own admission and by Ms. … The defendant's first statement was clearly a complete fabrication.

Succession of Johnson

223 La. 1058 · Supreme Court of Louisiana · Jul 3, 1953

and filed a petition seeking to annul the will which had been ordered executed, averring that the whole of the said will is illegal null and void under the provisions of the Civil Code of Louisiana and according to the established … But where his intention is so clearly expressed and he has appointed some one to take charge of his estate at the time of his death the Courts' will not thwart his intention merely because being a person unlearned in the

State v. Yarbrough

418 So. 2d 503 · Supreme Court of Louisiana · Jun 3, 1982

Clearly the specific items (.22 caliber revolver,.38 caliber live rounds of ammunition recovered from a sofa in Ms. Scott's apartment as well as a bank book and the book taken from Ms. … This Court found that advisement deficient because it did not clearly inform the defendant that he had the right to remain silent during his trial.

Parish of Jefferson v. Texas Co.

192 La. 934 · Supreme Court of Louisiana · May 1, 1939

present case the fact that the grant was a restrictive one was emphasized by placing the restriction in the granting clause itself and not, as in the Noel Estate case, making a complete grant of ownership and thereafter qualifying … It is only necessary that the parties make clear their intention in the instrument to establish one. Rev.Civ.Code, arts. 709, 722.”

State v. Lebleu

137 La. 1007 · Supreme Court of Louisiana · Jun 7, 1915

was not dependent upon the establishment of the conspiracy, that it might have tended to establish it, and, if believed, did tend, directly to connect the defendant with the offense charged. [6] V. … The testimony clearly tended to connect Moore and Williams with the theft of the cattle, and also with the Conspiracy, if conspiracy there was, to commit the theft.

In Re Hughes

874 So. 2d 746 · Supreme Court of Louisiana · Apr 22, 2004

The evidence clearly and convincingly establishes that as an attorney, Judge Hughes time and time again took money from people who could ill afford to pay it, did minimal or no work to earn it, and then refused to refund … monies she clearly had not earned.