Case law

State v. David

468 So. 2d 1133 · Supreme Court of Louisiana · Apr 1, 1985

It would be a high price indeed for society to pay were every accused granted immunity from punishment because of any defect sufficient to constitute reversible error in the proceeding leading to conviction. … Giving the state another chance to obtain the death penalty on aggravating circumstances which it has apparently failed to prove would clearly put David's life twice in jeopardy on the same charges. State v.

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.

Stokes v. Harrison

238 La. 343 · Supreme Court of Louisiana · Nov 9, 1959

The word “State” is not qualified or modified; therefore, we must seek to ascertain its meaning. … We believe that the framers of the Constitution did not intend to include a State Agency (such as a school board) in said Section of said Article, and such intent is clearly evidenced by the failure of the Legislature to

State ex rel. Milling v. Louisiana Public Service Commission

154 La. 752 · Supreme Court of Louisiana · Nov 12, 1923

The letter was sent from Shreveport to the office of the Commission in Baton Rouge, where its domicile is established by the Constitution. … Therefore, the qualifying expression, “as fully as is provided by law for the district courts,” must have its meaning and .effect.

State v. Jones

282 So. 2d 422 · Supreme Court of Louisiana · Aug 20, 1973

The background of the motion is clearly set forth in the Per Curiam of the trial judge. The Motion for a Mistrial or Continuance is based on the manner in which the Court secured additional tales jurors. … Hills, 241 La. 345 , 129 So.2d 12 , as if the doctrine of that case qualified the discretion which article 786 seemed to vest in the trial court. State v.

State v. Copeland

530 So. 2d 526 · Supreme Court of Louisiana · Apr 11, 1988

kidnapping is defined as: "... the doing of any of the following acts with the intent thereby to force the victim, or some other person, to give up anything of apparent present or prospective value, or to grant any advantage or immunity … R.S. 15:470 provides for a jury privilege: "No juror ... is competent to testify to his own or his fellows' misconduct, or to give evidence to explain, qualify or impeach ... any verdict."

Willis-Knighton Medical v. Sales Tax Com'n

903 So. 2d 1071 · Supreme Court of Louisiana · Jun 22, 2005

This finding was not clearly wrong; therefore, as to taxes paid without protest, Willis-Knighton was entitled to no further relief. … noted that the sole allusion to "prevailing ideas in society" in the Expose des Motifs occurs in that text's introductory discussion of historical distinctions between movables and immovables and that this statement is qualified

State v. Connolly

700 So. 2d 810 · Supreme Court of Louisiana · Jul 1, 1997

Evidence of Defendant's involvement in the Topham murder is clearly relevant and probative information concerning Defendant's character and propensities. … No victims of Brooks' alleged crimes were found and there were no police reports establishing that such crimes had even occurred. [10] In State v.

Gulf Oil Corporation v. State Mineral Board

317 So. 2d 576 · Supreme Court of Louisiana · Jul 25, 1975

When an enactment is ambigous and susceptible of more than one interpretation, one of which is clearly inimical to a long established line of legislation and jurisprudence, common sense as well as legal doctrine mandate that … However, when it is necessary to overrule a short line of clearly erroneous jurisprudence in order to reinstate the long-standing law and public policy of this State, that course is clearly the one that must be followed.

Central Louisiana Electric Co. v. Louisiana Public Service Commission

251 La. 532 · Supreme Court of Louisiana · Dec 21, 1967

exclusive franchise; the member-directors of the company are not elected by the people; they cannot be removed from office by the people, or the parish police jury; they appoint their own successors and are, therefore, immune … These are all factors, in addition to the constitutional and legislative definitions, which establish the public utility nature of this electric cooperative factually and legally.

Warren v. Globe Indemnity Co.

217 La. 142 · Supreme Court of Louisiana · Feb 13, 1950

Eleanor Reese, who had been appointed and qualified as administratrix, obtained an order substituting her as party plaintiff. Thereafter, on motion of respondents we rescinded the order permitting Mrs. … There Justice Cardozo wrote: "To establish liability, the inference must be permissible that the trip would have been made though the private errand had been canceled."

Pepper v. Triplet

864 So. 2d 181 · Supreme Court of Louisiana · Jan 21, 2004

Hood , "the wholesale immunities from civil responsibility resulting from the common law classification of a person as a trespasser are not recognized by our law." 427 So.2d at 1150 *197 (citing Cates v. … Not only was the defendant's property fenced, but barbed wire topped a portion of the fence, thus clearly indicating that the defendant wanted privacy and visitors, therefore, should keep out.

State v. Albert Mackie Co.

144 La. 339 · Supreme Court of Louisiana · Dec 2, 1918

The defendant is a domestic corporation, engaged in the wholesale grocery business, having its domicile and business establishment, with its stock of merchandise, in the city of New Orleans. … Ed. 423 ), saying that, although the business of the corporation in each of .those cases was that of a common carrier, the immunity of interstate commerce from state taxation was not confined ■to what was done by the carriers

State v. Crook

253 La. 961 · Supreme Court of Louisiana · Mar 31, 1969

The jury, however, may return a qualified verdict, and if it does so, the sentence must be life imprisonment. LSA-C.Cr.P. Art. 817. … admission of evidence of other offenses should be strictly enforced, in all cases where applicable, because of the prejudicial effect and injustice of such evidence, and should not be departed from except under conditions which clearly

State v. Hawkins

376 So. 2d 943 · Supreme Court of Louisiana · Nov 1, 1979

The State first presented witnesses to establish the free and voluntary character of the confession given to the officers on May 14, 1977. … It is the defense contention on appeal, although the issue was not clearly presented at trial, that Dr.

State of Louisiana v. Lynn E. Foret, M.D.

Supreme Court of Louisiana · Jan 27, 2016

"Substantive laws," for purposes of determining whether a law should be applied retroactively, are those which establish new rules, rights, and duties, or change existing ones.37 The challenge of distinguishing … This Court held that application of a 1976 amendment of LSA-R.S. 23:1031 (which granted tort immunity to executive officers) to a wrongful death action where exposure predated the statute, but where the resulting death

Watson Memorial Spiritual Temple of Christ D/B/A Watson Memorial Teaching Ministries, Charlotte Brancaforte, Elio Brancaforte, Benito Brancaforte, Josephine Brown, Robert Parke, Nancy Ellis, Mark Hamrick, Robert Link, Charlotte Link, Ross McDiarmid, Laurel McDiarmid, Jerry Osborne, Jack Stolier, and William Taylor v. Ghassan Korban, in His Capacity as Executive Director of the Sewerage and Water Board of New Orleans

Supreme Court of Louisiana · Jun 28, 2024

its jurisdiction of a claim not filed, the subsequent court must find that the previous case was an exceptional one which clearly and unmistakably required declination. … Rev. 647, 653 (1983) (“the apparent liberality of abolishing most immunity from suit was offset by the continuation of a severe limitation on a private citizen’s ability to enforce a judgment against the state, a state

State of Louisiana v. Lynn E. Foret, M.D.

188 So. 3d 154 · Supreme Court of Louisiana · Jan 27, 2016

"Substantive laws," for purposes of determining whether a law should be applied retroactively, are those which establish new rules, rights, and duties, or change existing ones.37 The challenge of distinguishing … This Court held that application of a 1976 amendment of LSA-R.S. 23:1031 (which granted tort immunity to executive officers) to a wrongful death action where exposure predated the statute, but where the resulting death

State v. Jefferson Island Salt Mining Co.

183 La. 303 · Supreme Court of Louisiana · Jul 1, 1935

This map clearly indicates Lake Peigneur, although it is not so named, on the map, and clearly indicates an outlet running from the southwestern portion of the lake into Vermilion Bay. (2) P. 103: Map by Weimar bearing the … In other words, each man has established. his own datum, and, personally, I can’t see how they can qualify their material when they are all working from a different datum plane.” (Tr.

Bd. of Com'rs of La. v. ALL TAXPAYERS ETC.

360 So. 2d 863 · Supreme Court of Louisiana · Jun 19, 1978

Nothing in this Chapter shall be construed to grant an immunity to or on behalf of any public instrumentality created under this Act from any antitrust laws of the state or of the United States. H. … Clearly, the bonds issued by LAMPCO for the construction of a 115 MW synthesis-gas combined cycle power plant (type of electric generating plant) are not payable solely from the "revenues derived from the operation of the