Case law

State v. Snyder

750 So. 2d 832 · Supreme Court of Louisiana · Apr 14, 1999

Hernandez, 500 U.S. at 357 , 111 S.Ct. at 1868 (State response will qualify as race neutral "unless a discriminatory intent is inherent in the prosecutor's explanation"). … It was—She clearly described this wound as nonfatal, and she clearly warned us that it was very dramatic-looking. There is no purpose. It doesn't establish cause of death.

Standard Oil Co. of Louisiana v. Futral

204 La. 215 · Supreme Court of Louisiana · May 17, 1943

It named the various claimants, set out the post office address of each, and asked that they be cited to appear and establish their claims, if any, according to law, and that, upon the deposit of said amount in the registry … He was asked why he used the word “larger” in qualifying the word “tract” in writing this clause, and he said: “My recollection is the word ‘larger’ was Used in that case to distinguish Mr.

Vinet v. Bres

48 La. Ann. 1254 · Supreme Court of Louisiana · Mar 23, 1896

. *1266 The defendants tendered, in the lower court, an exception that the plaintiff had no power or authority conferred upon him by law to qualify or act as executor of the succession of Weems, and consequently, no capacity … The personal liability of the defendants is clearly established beyond the peradventure of a doubt; for Mr. Weems was living at the time of these transactions and Mr. Gilmore was both his agent and attorney.

State ex rel. Butler v. Moise

48 La. Ann. 109 · Supreme Court of Louisiana · Dec 7, 1895

For instance, it is said: “ And whenever the jury shall return a verdict qualified as aforesaid, the person convicted shall be sentenced,” etc. Revised Statutes, Sec. 1000. … We have clearly demonstrated that the judge was not called upon by the motion to act' at all.

Board of Com'rs of Orleans Levee Dist. v. DEPT. OF NATURAL RESOURCES

483 So. 2d 958 · Supreme Court of Louisiana · May 15, 1986

This qualifying phrase is simply designed to incorporate into Art. … And, the qualifying language at the outset of Art.

State v. Jones

263 La. 1012 · Supreme Court of Louisiana · Dec 20, 1972

It stated in part: “The testimony attached to the bill shows that whatever apparent conflict there was between her answers was clearly before the jury. … 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.

State v. Broaden

780 So. 2d 349 · Supreme Court of Louisiana · Feb 21, 2001

Right to be Present Defendant complains that he was denied his right to be present at all critical stages of trial when he was not permitted to join chamber discussions, held to determine whether one or more jurors remained qualified … Here, aggravating circumstances were clearly supported by the record, and the evidence introduced to support a basis for the failed statutory aggravating factors did not inject an arbitrary factor into the proceedings. 3.

State v. Williams

708 So. 2d 703 · Supreme Court of Louisiana · May 28, 1998

Furthermore, the verdict rendered by the jury was clearly not attributable to any potential error. … Nonetheless, any response will qualify as race-neutral "unless a discriminatory intent is inherent in the prosecutor's explanation." Hernandez v.

State v. Felde

422 So. 2d 370 · Supreme Court of Louisiana · Oct 18, 1982

Uhl had researched complaints from Vietnam veterans, but this did not qualify him as an expert on the effect of Agent Orange. … ASSIGNMENTS OF ERROR NUMBER THIRTY-EIGHT, THIRTY-NINE, FORTY, FORTY-ONE, FORTY-TWO, AND FORTY-THREE "A preponderance of the evidence properly introduced at trial clearly established that the defendant was legally insane at

Board of Elementary & Secondary Ed. v. Nix

347 So. 2d 147 · Supreme Court of Louisiana · Jun 28, 1977

The legislature is given the constitutional duty "shall establish and maintain a public educational system." … The powers of supervision and management granted three other educational boards over the state's colleges and universities are not qualified in this manner, see Article 8, Sections 6 and 7.

Fontenot v. PATTERSON INS.

997 So. 2d 529 · Supreme Court of Louisiana · Dec 12, 2008

The jurisprudence likewise establishes that the right of a litigant to jury trial is fundamental in character and the courts will indulge every presumption against a waiver, loss or forfeiture thereof. Hicks v. … Art. 1735, supra, clearly contemplates that in one trial some issues can be tried before the jury and others can be decided by the judge.

Logan v. Louisiana Dock Co., Inc.

541 So. 2d 182 · Supreme Court of Louisiana · May 4, 1989

In addition, however, it establishes Louisiana's trend of extending the protection of its workers' compensation laws to the greatest extent permissible. … This basic rule is qualified, however, by another well established rule of practice that in instances where the court of appeal has not had the opportunity, or has found it unnecessary, to review the merits of the controversy

Hermann v. New Orleans & Carrollton Railroad

11 La. Ann. 5 · Supreme Court of Louisiana · Jan 15, 1856

The views of Rutherford seem to us to be clearly correct. He says: “ Grotius here distinguishes between the murder of a free man and the murder of a slave. … But a contrary system has been recently established. Its operation, its effect, remains to be tried.

Slater v. Culpepper

233 La. 1071 · Supreme Court of Louisiana · Nov 12, 1957

Following probate of her will and qualifying of the testamentary executrix (Mrs. Elizabeth Schulze Culpepper) an inventory of the property of her succession was taken. … Of this amount, it is established that $62,942.57 were the paraphernal funds of Mrs. Bynum.

State of Louisiana v. Lee Turner, Jr.

263 So. 3d 337 · Supreme Court of Louisiana · Dec 5, 2018

, p. 1 (La. 11/25/97), 704 So. 2d 228, 229, this alone is insufficient to establish a Sixth Amendment violation. … Defendant has not established entitlement to relief on this basis.

C/W 2023-C-01118 Mayor-President Sharon Weston Broome, Lewis O. Unglesby, Lamont Cole, and M. E. Cormier v. Chris Rials and Norman Browning, Organizers of the Petition to Incorporate St. George

Supreme Court of Louisiana · Apr 26, 2024

The record establishes Baton Rouge operates with substantial bond indebtedness. It is unreasonable to require St. … The majority opinion goes on to state Paragraph A must be read in conjunction with Paragraph D, which, the opinion maintains, limits and qualifies the unqualified right of action conveyed in Paragraph A.

Succession of Wallace

574 So. 2d 348 · Supreme Court of Louisiana · Jan 22, 1991

Respecting legal fees the code provides that a lawyer shall not enter into an agreement for, charge, or collect an illegal or clearly excessive fee. Rules of Professional Conduct, Rule 1.5. … been sent into possession judicially ... or ... the defendant's property is under the administration of a legal representative, but the latter has died, resigned, or been removed from office and not successor thereof has qualified

State v. Dressner

255 So. 3d 537 · Supreme Court of Louisiana · Oct 29, 2018

Therefore, the jury clearly was informed in the guilt phase concerning the victims' general drug use. … In any event, Dressner is entitled to relief only if he shows both that counsel erred by "ignor[ing] issues ... clearly stronger than those presented," Smith v.

Smith v. State

899 So. 2d 516 · Supreme Court of Louisiana · Mar 11, 2005

However, the court granted that portion of the JNOV requesting damages for loss of leasehold advantage, finding the testimony at trial "clearly established that plaintiff enjoyed a leasehold advantage in the subject business … State, DOTD, the district court granted a JNOV on the issue of damages for loss of leasehold advantage because it found that the testimony given at trial "clearly established that plaintiff enjoyed a leasehold advantage in

Boyer v. Johnson

360 So. 2d 1164 · Supreme Court of Louisiana · Jun 19, 1978

They are, however, guidelines to which a court may resort to establish the proper standard of care for assigning civil liability. … Prior to Act 147 of 1976, an officer or agent of the employer corporation could be held liable in tort for his own personal fault, notwithstanding the employer's immunity. La.