Case law

State v. Nicholls

50 La. Ann. 699 · Supreme Court of Louisiana · Feb 23, 1898

But on reason and authority no court should set aside the verdict in a criminal ease because of asserted error in giving to the jury a familiar principle of law, unless the instruction is clearly erroneous. … It seems to us “ wilfully and knowingly ” appropriating another’s property might well be qualified as “ fraudulent” or wrongful without misleading the jury or varying the issue they were to try.

Justin Hodges v. Amy Hodges

Supreme Court of Louisiana · Nov 23, 2015

The [custody] judgment qualifies as the custody order and the implementation plan.”). … It clearly does not contemplate “co-domiciliary parents.” The word “co-domiciliary” does not appear anywhere in the Revised Statutes or the Civil Code.

Steve Crooks and Era Lea Crooks v. State of Louisiana, Department of Natural Resources

Supreme Court of Louisiana · Jan 29, 2020

The trial court acknowledged that only one plaintiff demonstrated ownership prior to 1973, but found that the subsequent purchaser doctrine established in Eagle Pipe & Supply, Inc. v. … The Constitution requires compensation even though the State has not initiated expropriation proceedings in accordance with the statutory scheme established for that purpose.

Justin Hodges v. Amy Hodges

181 So. 3d 700 · Supreme Court of Louisiana · Nov 23, 2015

The [custody] judgment qualifies as the custody order and the implementation plan.”). … It clearly does not contemplate “co-domiciliary parents.” The word “co-domiciliary” does not appear anywhere in the Revised Statutes or the Civil Code.

Folse v. Folse

738 So. 2d 1040 · Supreme Court of Louisiana · Jun 29, 1999

Herrod was qualified as an expert in the treatment of abused children and is board certified. Herrod testified that during treatment, C.F.'s statements were consistent. … Clearly, the Legislature has concluded that the best interests of children are not served by strict application of the rules of evidence.

In Re: Justice of the Peace J. Roosevelt Gremillion District Seven Parish of Pointe Coupee State of Louisiana

204 So. 3d 183 · Supreme Court of Louisiana · Jun 29, 2016

Rule 23, § 26, to refrain from qualifying as a candidate for judicial office for five years and until certified by this court as eligible to become a candidate for judicial … Smith was upset and clearly was contesting LenCo’s claim. Respondent did not issue a written notice of trial but informed Mrs. Smith that a hearing would be held on August 11, 2011.

Morse v. J. Ray McDermott & Co., Inc.

344 So. 2d 1353 · Supreme Court of Louisiana · Apr 11, 1977

The employee did not qualify for retirement benefits until the conditions as provided in the plan were met. He did not complete fifteen years of credited service. … From the reserve established, and as annually supplemented, the committee was authorized to make awards to employees.

In Re Hunter

823 So. 2d 325 · Supreme Court of Louisiana · Aug 19, 2002

This record clearly evidences the respondent's willful and persistent refusal to cooperate with the appellate court in securing transcripts for judicial review, conduct that did not ameliorate in any measurable amount, as … Rule XXIII, § 26 to refrain from qualifying as a candidate for judicial office for five years and until certified by this court as eligible to become a candidate for judicial office. [12] Finally, exercising the discretion

In Re: Medical Review Panel for the Claim of Peighton Miller v. Tulane Lakeside Hospital

187 So. 3d 445 · Supreme Court of Louisiana · Mar 15, 2016

herein or defined in R.S. 40:1231.1 regardless of whether the healthcare provider avails itself of the protections and provisions of R.S. 40:1231.1 et seq., by fulfilling the requirements necessary to qualify … Except where the context clearly provides otherwise, the procedures for adoption of rules and of emergency rules as provided in R.S. 49:953 shall also apply to adoption, increase, or decrease of fees.

Hampton v. Rubicon Chemicals, Inc.

458 So. 2d 1260 · Supreme Court of Louisiana · Dec 4, 1984

Our review of the record as a whole convinces us that this finding was not clearly wrong. … The jury's finding is not clearly wrong. Arceneaux v. Domingue, supra .

Andrepont v. Lake Charles Harbor and Terminal Dist.

602 So. 2d 704 · Supreme Court of Louisiana · May 26, 1992

is unnecessary to determine whether the Dock Board acted in good or bad faith in breaching the employment contract because Andrepont's loss of the benefit of employer retirement contributions, and resulting injury, were clearly … When he contracted with the Dock Board as Port Director, he needed approximately three and a half years of additional state service in order to qualify for retirement benefits in the Louisiana State Employees' Retirement

State v. Ball

824 So. 2d 1089 · Supreme Court of Louisiana · Jan 25, 2002

Louisiana law clearly establishes that a party interviewing a prospective juror may not ask a question or pose a hypothetical which would demand a commitment or pre-judgment from the juror or which would pry into the juror's … LoBrano, assigned as Justice Pro Tempore, participating in the decision. [1] The assignments of error not discussed in this opinion do not represent reversible error and are governed by clearly established principles of law

State v. Frank

957 So. 2d 724 · Supreme Court of Louisiana · May 22, 2007

Sara Deland, a forensic psychiatrist, and Jim Boren, an attorney qualified as an expert in the preparation and trial of capital cases. … Boren, who was qualified as an expert attorney in the preparation and trial of capital cases, testified that it is essential that a thorough social history be conducted on defendant.

Concerned Bus. & Prop. Owners of DeSoto, Inc. v. DeSoto Parish School Bd.

531 So. 2d 436 · Supreme Court of Louisiana · Jul 8, 1988

Paragraph C qualified Paragraph B by providing that school districts could incur bonded indebtedness up to a 35 percent ceiling. … These cases establish that a law is not automatically local or special simply because its enforcement may be limited to a particular area.

Palermo Land Co. v. Planning Com'n of Calcasieu Parish

561 So. 2d 482 · Supreme Court of Louisiana · Apr 30, 1990

The January 19 meeting does not qualify as this type of hearing. At the meeting, the Planning [zoning] Commission merely directed its staff to conduct the Reclassification Study. … Here, the sanitary landfill site clearly affects environmental standards and thus the health, safety, and welfare of the public.

Succession of Fisher

235 La. 263 · Supreme Court of Louisiana · May 26, 1958

is now well settled in Massachusetts that the effect of the Massachusetts statute set forth above is that for the purpose of taking, holding, and transmitting property, a voluntary religious society possesses all of.the qualifying … Massachusetts * * * shall be deemed as giving, granting, conveying, devising or bequeathing the property mentioned in such instruments to The First Church of Christ, Scientist, in Boston, Massachusetts, unless the contrary clearly

De Armas v. Mayor of New-Orleans

5 La. 132 · Supreme Court of Louisiana · Feb 15, 1833

This is clearly making it a locus pullicus. When I compare the space that Dupauger calls a quay, with Malte Brun’s description of St. … That by the plan and establishment of the city, a quai was established in front of the city as described in the plans. 9.

State ex rel. A.J.

27 So. 3d 247 · Supreme Court of Louisiana · Dec 1, 2009

The court later qualified in Baldwin v. New York, 399 U.S. 66, 69 , 90 S.Ct. 1886, 1888 , 26 L.Ed.2d 437 (1970), that the potential for any prison term longer than six months entitles a defendant to a jury trial. … spite of McKeiver that La.Ch.C. art. 882 violates federal standards of due process, the juvenile court judge simply issued a ruling contrary to |n controlling precedent from the United States Supreme Court, 16 which is clearly

Heirs of Ledoux v. Lavedan

52 La. Ann. 311 · Supreme Court of Louisiana · Jan 15, 1900

Ilyams qualified as administrator of the succession of H. M. ITyams and wife. … All the property designated as property of the “first class” is not clearly identified.

King v. Illinois National Insurance

9 So. 3d 780 · Supreme Court of Louisiana · Apr 3, 2009

This is sufficient to establish action under color of state law for purposes of the fourteenth amendment.... … For example, while the majority explicitly declines to address whether an unexercised right to institute a lawsuit may be assigned, it clearly assumes that because an assignment is voluntary, it is allowed under our law.