Case law

Union Sulphur Co. v. Parish of Calcasieu

153 La. 857 · Supreme Court of Louisiana · Apr 2, 1923

By the power here referred to was clearly meant those ordinary purposes of taxation which the Legislature itself could bestow. … There we find that the Legislature is given power to establish or organize “new” parishes, within certain limits, and to provide therefor optional plans of government.

State v. Monroe

397 So. 2d 1258 · Supreme Court of Louisiana · Apr 6, 1981

Rather, defendant's objection complained that the juror was "well qualified." This assignment appears to lack merit. … I respectfully suggest that there is a well established constitutional principle applicable to this case which does require that the sentence be set aside.

State v. Louisiana State Bank

20 La. 468 · Supreme Court of Louisiana · Jun 15, 1868

In order to establish his ownership of the cotton, beyond-the presumption of the law, resulting from its possession of it, the bank produced in court several witnesses, the principal one being its agent, employed to invest … The Bank of the United States, 12 Wheaton, 64 , that the maxim omnia prcesumuntur rite et solemniter essa acia, was deemed applicable to corporations, and in that case, the principle was clearly enounced, “ that acts done

Wooley v. Lucksinger

61 So. 3d 507 · Supreme Court of Louisiana · Apr 1, 2011

(iii) A person who may be immune from suit because of immunity granted by statute. (3) If appropriate, whether there was negligence attributable to any party claiming damages, and, if so: (a) Whether such negligence was a … (iii) A person who may be immune from suit because of immunity granted by statute. (3) If appropriate, whether there was negligence attributable to any party claiming damages, and, if so: (a) Whether such negligence was a

Mire v. City of Lake Charles

540 So. 2d 950 · Supreme Court of Louisiana · Mar 13, 1989

Nevertheless, a license to practice law does not confer immunity from taxation. … It may establish procedural and administrative rules not in conflict with law and may assign a sitting or retired judge to any court. * * * "(B) Original Jurisdiction.

Whitnell v. Silverman

686 So. 2d 23 · Supreme Court of Louisiana · Dec 16, 1996

Clearly, there is a distinction between this Court's rationale in Sibley in comparison to our reasoning in Crier . … from suit. [18] The Court further acknowledged that the establishment of statutes of limitations are within the scope of legislative authority, and that enactment of such does not eliminate the remedy for a civil wrong.

State v. Carondelet Canal & Navigation Co.

129 La. 280 · Supreme Court of Louisiana · Jun 25, 1910

The papers in evidence clearly establish the proposition that the canal was built at the expense of the inhabitants, who spared their negroes, aided by the King’s grant of the chain negroes, at the instance and solicitation … On cross-examination: “Witness being asked whether, before the establishment of the company, vessels did not trade from the Bayou St.

Casino Ass'n of La. v. State Ex Rel. Foster

820 So. 2d 494 · Supreme Court of Louisiana · Jun 21, 2002

establishments and the manufacture, supply, or distribution of gaming devices and equipment shall be strictly regulated. … In my mind, such prohibitions are clearly violative of the First and Fourteenth Amendments to the United States Constitution.

State of Louisiana v. Marcus Donte Reed

200 So. 3d 291 · Supreme Court of Louisiana · Sep 7, 2016

Here, evidence that defendant was a known drug dealer in the neighborhood, whose marijuana 52 supply had been stolen from his residence on the day of the homicides, clearly established … They can establish that one of the purposes of the calls was to—was for Mr.

State v. Brown

395 So. 2d 1301 · Supreme Court of Louisiana · Mar 2, 1981

As a matter of fact, the interrogation established the defendant did not remain silent at the time he was taken into custody. … There is hardly a person who is qualified for jury duty who has not been bombarded with the role Miranda rights play in the field of criminal justice.

State ex rel. Ferguson v. Caffery

49 La. Ann. 1748 · Supreme Court of Louisiana · Jun 28, 1897

From the foregoing recitals the following propositions are clearly established, namely: 1. … The court, if . possible, will give effect to the statute unless it is clearly unconstitutional.”

Reck v. Stevens

373 So. 2d 498 · Supreme Court of Louisiana · Jun 25, 1979

Dysart was qualified as an expert in neurology, psychiatry, and psychoanalysis. He first saw the plaintiff about fifteen days after the incident, and he treated her over a period of four months. … There is no rule or standard of law fixing or establishing the amount of recovery and each case consequently must rest on its own set of facts." [5] *506 As to (b): In determining that $5,000 was the maximum amount awardable

State v. Higgins

898 So. 2d 1219 · Supreme Court of Louisiana · Apr 1, 2005

Deputy Moscona testified that he "turned up nothing" in interviews with patrons with *1243 regard to Brown's alleged request, which clearly undermines her claims of instant sobriety. … The defendant apparently did not seek writs after this ruling. [4] Those assignments of error briefed, but not argued by defense counsel at oral argument and governed by clearly established principles of law will be addressed

McCarthy v. Evolution Petroleum Corp.

180 So. 3d 252 · Supreme Court of Louisiana · Oct 14, 2015

the price paid for mineral interest was insufficient, explaining: *264 In 1974, the State’s Legislature codified the jurisprudential rule expressed in Wilkins as Louisiana Revised Statute Section 31:17 [Article 17], which clearly … However, to simplify the terminology in the analysis, "the petition,” without further qualifier, refers to plaintiffs’ Supplemental and Amended Petition. .

Johnson v. First Nat. Bank of Shreveport

786 So. 2d 84 · Supreme Court of Louisiana · May 15, 2001

The Sabine Parish Clerk of Court takes the position that the law clearly permits her to make every charge in her $41,033.50 estimate whereas the Relators argue that the Code of Civil Procedure only permits her to charge the … Pro. arts. 5181-5188 (establishing a procedure for waiving court costs for indigent parties); see also, e.g., La.Rev.Stat. § 33:3002 (permitting certain cities and parishes to create Legal Aid Societies).

Hassam v. St. Louis Perpetual Insurance

7 La. Ann. 11 · Supreme Court of Louisiana · Jan 15, 1852

In view of the qualified terms, in which Mr. … In his celebrated opinion in that case, Sir William Scott clearly intimates a recognition of that doctrine, for he lays stress on the fact, that the master had, at the time of hypothecation, when he compulsorily assented

State v. Tate

851 So. 2d 921 · Supreme Court of Louisiana · May 20, 2003

In any event, evidence introduced at the guilt phase of trial, and re-introduced during the penalty phase, established quite clearly that the victims had been shot during an attempted armed robbery and/or assault by drive-by … Thus, the State established that the defendant committed the murders in the course of an armed robbery.

State v. Berry

391 So. 2d 406 · Supreme Court of Louisiana · Dec 19, 1980

The evidence clearly supports all three findings. Defendant admitted at trial that he entered the bank with his gun drawn intending to rob the bank. … The evidence clearly supports the finding of all three of the aggravating factors found by the jury.

Department of Highways v. Southwestern Electric Power Co.

243 La. 564 · Supreme Court of Louisiana · Oct 16, 1962

The utility companies have established that the removal required by the Department's project will involve substantial costs. … A similar assumption is made in the decisions upon the Fourteenth Amendment. * * When this seemingly absolute protection is found to be qualified by the police power, the natural tendency of human nature is to extend the

State of Louisiana v. Hunter Fussell

Supreme Court of Louisiana · Dec 11, 2019

Further, since the legislative intent is clearly that those fifteen and sixteen year olds charged with the enumerated offenses be treated in all respects as adults, we see no reason to depart from the … The special procedures applicable to juvenile adjudication proceedings confer special rights and immunities.