Case law

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.

State v. Bennett

345 So. 2d 1129 · Supreme Court of Louisiana · May 16, 1977

Anthony stated that further tests would establish his precise intelligence quotient, both Dr. Rees and Dr. … Only the court, not the doctor, is qualified to make this decision.

Matter of Succession of Dunham

408 So. 2d 888 · Supreme Court of Louisiana · Sep 8, 1981

There is no showing that this determination is clearly wrong and thus it was error on the part of the Court of Appeal to reverse that finding. … The instrument clearly provides that title and possession of the stock were to remain in the vendor until final payment was made.

State v. Williams

831 So. 2d 835 · Supreme Court of Louisiana · Nov 1, 2002

Specifically, defendant claims that the evidence did not establish that the killing occurred when he was engaged in an armed robbery. … Instead, Article 643 establishes a standard that a defendant must meet by coming forward with some evidence to put his mental condition at issue.

State v. Maise

805 So. 2d 1141 · Supreme Court of Louisiana · Jan 15, 2002

Under Kennedy , the statements of Hemphill and Detective Sergeant Jones were clearly inadmissible. … 404 U.S. 1025 , 92 S.Ct. 692 , 30 L.Ed.2d 676 (1972) (finding that "[t]o hold that evidence obtained by a parole officer in the course of carrying out this duty cannot be utilized in a subsequent prosecution would unduly immunize

South Central Bell Tel. Co. v. Traigle

367 So. 2d 1143 · Supreme Court of Louisiana · Dec 15, 1978

The payment of taxes under protest, albeit a qualified payment, nonetheless remains a payment. … A similar gradation is established with regard to interest and late payment penalties. La.R.S. 47:1601, 1602 and 1604.

State v. Hopper

251 La. 77 · Supreme Court of Louisiana · Jun 5, 1967

Counsel for the defendants contend that the rights and immunities of the defendants were violated as follows: . . “1. … We find that he was well qualified to give the testimony that he did, and that such testimony was relevant to the instant prosecution.

State ex rel. Curtis v. Ross

144 La. 898 · Supreme Court of Louisiana · Feb 3, 1919

We can at present think of no other; except, of course, such as are accompanied by express instructions to the Legislature to enact enabling legislation or are otherwise expressly qualified; for instance, the two which we … amount which the debt- or must tender in the case of redemption is a fixed 20 per cent, on the price of the tax sale, it is not a fixed amount in the case of a suit to annul, but is 10 per cent, per annum on this price; thus clearly

Whited & Wheless, Ltd. v. Calhoun

122 La. 100 · Supreme Court of Louisiana · Jun 26, 1908

Calhoun, then and still a resident of the parish of De Soto, by and through his duly appointed and qualified agent and attorney in fact, R. B. … It is elementary that the plaintiff in a petitory action must establish his title clearly *113 as against the defendant in possession in good faith under deeds on their faces translative of property. (2) In order to determine

STATE of Louisiana v. Erik NUNEZ; State of Louisiana v. Brandon Liccardi

187 So. 3d 964 · Supreme Court of Louisiana · Jan 27, 2016

The District Attorney shall be required to identify clearly the offense date with the case filing, so that allotments may be easily audited. … cases, unless an exception is established by law or these Rules.

State ex rel. Southern Bank v. Pilsbury

31 La. 1 · Supreme Court of Louisiana · Jan 15, 1879

These three acts required ratification by the qualified voters. … This may not have been wise: it certainly proved most disastrous to the •city; but the Legislature clearly had the power to remove the restrictions imposed by the act of 1852.

Scott v. American Tobacco Co.

795 So. 2d 1176 · Supreme Court of Louisiana · Sep 25, 2001

Among the remedies sought by plaintiffs was the establishment *1180 of a medical monitoring program. … At issue in this case is whether parents, children, and siblings of persons who qualify to participate as plaintiffs in a class action lawsuit should be allowed to sit as jurors to determine whether judgment is rendered in

Succession of Wiener

203 La. 649 · Supreme Court of Louisiana · Jun 21, 1943

Rev.Code § 811(e), the tax collector of Caddo parish is contending inheritance and estate taxes in this state, under Act No. 119 of 1932, must be computed on the basis established in that section, that is, that the value … The court specifically pointed out that the decedent paid the entire purchase price for the property held in the joint tenancy with his separate funds and that it was clearly the intention of Congress “to include in the gross

Duplantis v. Louisiana Bd. of Ethics

782 So. 2d 582 · Supreme Court of Louisiana · Mar 23, 2001

In making this determination, we are cognizant of the basic rules of statutory construction, specifically that a statute is presumed constitutional, and the burden of clearly establishing unconstitutionality rests upon the … First, the majority reasons that our courts are limited to the review of justiciable controversies and that the present cases do not so qualify. In doing so, the majority overrules a portion of Midboe v.

Esso Standard Oil Company v. Jones

233 La. 915 · Supreme Court of Louisiana · Nov 12, 1957

These photographs *240 show clearly that the bottom hole location is solid ground at the surface which extends back to the trees as a continuation of the high bank. A Mr. … joining the two ends *247 of the horseshoe-shaped portion of the river known as Deer Park Bend, extended over a period of years, during which water flowed through the cutoff only at times; and even after continuous flow was established

State v. Deal

802 So. 2d 1254 · Supreme Court of Louisiana · Nov 28, 2001

Finally, the testimony at trial established that the victim was two-months-old, well within the age limit of R.S. 14:30(5). … Counsel did not object on grounds that even if qualified to express an opinion with regard to the mental state which accompanied the defendant's acts, Dr. McCormick was usurping the role of the jury as the factfinder.

State of Louisiana v. Jaylon K. Brown

Supreme Court of Louisiana · Dec 13, 2024

CONCLUSION Clearly, the record supports juror Poole was not an attentive juror. Her sleepiness put her evaluation of the evidence at risk. … Further, Cass clearly states that the doctrine of harmless error is inapplicable.

State v. Taylor

669 So. 2d 364 · Supreme Court of Louisiana · Feb 28, 1996

Likewise, the evidence clearly shows that the defendant knowingly created a risk of great bodily harm to more than one person. … established principles of law.

State v. Allen

913 So. 2d 788 · Supreme Court of Louisiana · Jun 29, 2005

The court clearly stated the defense failed to make a prima facie showing of discriminatory intent, and also clearly evident is the explanation that the race-neutral reasons were admitted into the record for appeal purposes … A single invidiously discriminatory governmental act' is not `immunized by the absence of such discrimination in the making of other comparable decisions [emphasis supplied].'

In Re: Ashton R. O'Dwyer

221 So. 3d 1 · Supreme Court of Louisiana · Mar 15, 2017

None of you enjoys immunity from criminal acts. … The voluminous record of this matter clearly supports the well-reasoned factual findings of the hearing committee.