Case law

Does v. Foti

15 So. 3d 972 · Supreme Court of Louisiana · Jul 1, 2009

The DA subsequently impaneled a special grand jury to consider the matter. 2 Two of the arrested healthcare professionals were then granted immunity in exchange for their testimony. … CNN counters that it has an interest in the motion for return of property because the records at issue qualify as public records and therefore implicate the public’s rights under the Public Records Act.

John C. McCarthy, Individually and as Trustee of the Kathleen McCarthy Balden Trust, and Majorie M. Moss v. Evolution Petroleum Corporation, Formerly Known as Natural Gas Systems, Inc., and Ngs Sub Corporation

Supreme Court of Louisiana · Oct 14, 2015

However, to simplify the terminology in the analysis, “the petition,” without further qualifier, refers to plaintiffs’ Supplemental and Amended Petition. 7  Other … for mineral interest was insufficient, explaining: In 1974, the State’s Legislature codified the jurisprudential rule expressed in Wilkins as Louisiana Revised Statute Section 31:17 [Article 17], which clearly

State v. Doucet

359 So. 2d 1239 · Supreme Court of Louisiana · Jun 9, 1978

X moves to suppress the confession on a number of grounds—use of physical violence; deprivation of food, water, and rest; promises of immunity, etc. … Post-Mapp decisions have established that the rule is not a personal constitutional right.

State v. Gutweiler

979 So. 2d 469 · Supreme Court of Louisiana · Apr 8, 2008

DeHaan's status as an expert witness for the State did not qualify him as a person with a general right of access to confidential information concerning grand jury proceedings. … Proc. art. 434 permits the disclosure of testimony for the investigation of perjury, the article clearly provides for disclosure only when permitted by the court, which the prosecution failed to obtain.

In Re: Medical Review Panel Claim of Rose Tillman C/W in Re: The Medical Review Panel Claim of Rose Tillman C/W Jahmal T. Tillman and Jirus T. Tillman, on Behalf of the Decedent, Rose Tillman v. State

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.

State v. Hicks

395 So. 2d 790 · Supreme Court of Louisiana · Mar 2, 1981

It was not conclusively established that the state's response to defendant's request was inaccurate. … We hold that the verdict of guilty of second degree murder is clearly supported by the evidence in this case.

State v. Holmes

5 So. 3d 42 · Supreme Court of Louisiana · Dec 2, 2008

Edwards versus Arizona clearly doesn't apply.... … Louisiana law clearly establishes that a party interviewing a prospective juror may not ask a question or pose a hypothetical scenario which would demand a commitment or pre-judgment from the juror or which would pry into

Roussel v. New Orleans Ry. & Light Co.

152 La. 517 · Supreme Court of Louisiana · Jul 17, 1922

This court established no such doctrine, either in Re Receivership of Bonita Mercantile Co., 129 La. 1046 , 57 South. 332 , or in the case of the Metropolitan Bank v. N. O. Brewing Association, 51 La. … Wilhelmine Schmidt Roussel, was appointed and qualified administratrix in his place, and made a party plaintiff on behalf of the consolidated successions represented by her late husband as administrator.

State v. Saia

302 So. 2d 869 · Supreme Court of Louisiana · Nov 12, 1974

I consider the facts of this case clearly show that the police had probable cause to conduct the search and make the seizure. … Ohio, supra, Detective McFadden approached three suspicious looking men whose actions indicated that they may be "casing" a retail establishment.

In Re Miller

949 So. 2d 379 · Supreme Court of Louisiana · Feb 15, 2007

P. art. 151(B)(5), as he was clearly biased in favor of his lover to the extent he could not conduct fair and impartial proceedings. … 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. Finally, pursuant to La. Sup.Ct.

In Re Union Cent. Life Ins. Co.

208 La. 253 · Supreme Court of Louisiana · Jun 5, 1945

In due course Wrencher was appointed, and he qualified, as administrator. … But counsel failed to quote, perhaps inadvertently, the part of the court's opinion which clearly distinguishes that case from one such as the instant controversy.

State in the Interest of RT

781 So. 2d 1239 · Supreme Court of Louisiana · Feb 21, 2001

Moreover, causation of “sustained fear” is clearly an essential element of this part of the statute. … In the absence of qualifying provisions in a statute, the terms “intent” and “intentional” have reference to general criminal intent. 10 La. R.S. 14:11.

State v. Bryant

325 So. 2d 255 · Supreme Court of Louisiana · Jan 1, 1976

The State contends that the search of the property bag was a reasonable routine inventory search and the fruit of the search was clearly admissible. … The transcript does make clear, however, that the existence of these recorded confessions and the failure of the prosecution to introduce them into evidence was established by the defense.

Succession of Herwig

122 La. 64 · Supreme Court of Louisiana · Jun 22, 1908

Sullivan and Phelps qualified as executors, and letters as such issued to them as such. At Herwig’s death seals were affixed to his effects. An inventory of the property of the succession was ordered to be made. … “Respondents further say that if, for any reason, the amount of said note is fixed by your honor as a debt of the estate, then it is clearly the duty of the court in ordering a sale to see that such sale is made in the most

Bernard v. Vignaud

6 Mart. 442 · Supreme Court of Louisiana · Jul 15, 1820

Besides, the plaintiffs were not parties to the suit alluded to, nor were the syndics of Fouque anywise qualified to represent them ; thus this is moreover, as to the plaintiffs res inter alias acta. … And if this ground had been pleaded, it would have been easy to introduce at the trial any further or collateral evidence ta establish those facts.

Esplanade Mall Realty Holdings, LLC v. Joseph P. Lopinto III, in His Capacity as Sheriff and Ex-Offico Tax Collector for Jefferson Parish

Supreme Court of Louisiana · Mar 6, 2026

The question then becomes whether the line-item charges on the tax sale certificate that go beyond the three-year period qualify as “statutory impositions” such that they must be included as a component of the tax sale … R.S. 47:2131, which clearly placed a three-year limitation on the “[t]ime period in which to conduct tax sales.” See ABL Mgmt., Inc. v. Bd. of Sup’rs of S.

Louisiana Associated General Contractors, Inc. v. State ex rel. Division of Administration, Office of State Purchasing

669 So. 2d 1185 · Supreme Court of Louisiana · Mar 8, 1996

The LAGC alleges in its petition that LAGC members regularly submit bids to perform work for the state, intend to submit bids in the future, are qualified to bid on all projects, but will be denied the right to bid on or … The set-asides and preferences under the Act clearly discriminate against a person on the basis of race, and the Act, to that extent, is unconstitutional under La. Const. Art. I, Sec. 3.

Devron v. Goesling

221 La. 53 · Supreme Court of Louisiana · Feb 18, 1952

However, an examination of the questions she propounded to him in her deposition shows clearly she asked no such questions, that she was not trying to establish that he issued them or .that they existed, or, for that matter … Trelles to this line of questioning clearly indicates that if he ever did have an agreement with Mrs.

State v. Serrato

424 So. 2d 214 · Supreme Court of Louisiana · Nov 29, 1982

We find no error in the trial judge's determination that the totality of the circumstances established that the confession was made freely and voluntarily. … This has led the majority to conclude that the state failed to establish that the arrest was supported by probable cause.

State v. Williams

22 So. 3d 867 · Supreme Court of Louisiana · Oct 20, 2009

Defendant’s testimony, particularly with respect to his adaptive skills, if accepted by the jury, tended to negate a reasonable likelihood that he qualified as mentally retarded. … Hoppe told you that field of expertise clearly requires that the I.Q. be 70. It is a required factor that must be found to determine mental retardation. So, as Dr. Hoppe said, 'Clearly that's out. He’s wrong.