Case law

Entergy Gulf States v. PUBLIC SERV. COM'N

726 So. 2d 870 · Supreme Court of Louisiana · Jan 20, 1999

Lastly, a decision of the Commission will not be overturned absent a finding that it is clearly erroneous or that it is unsupported by the record. Gulf States Util. … However, they were unable to be used because they were not properly qualified.

State v. Leger

936 So. 2d 108 · Supreme Court of Louisiana · Jul 10, 2006

The fact that the trial court denied the defense's motion to suppress does not establish ineffective assistance on counsel's part. … Zimmerman's actions in jumping out of the moving van clearly evidenced her belief that her life was in imminent danger.

Louisiana Republican Party v. Foster

674 So. 2d 225 · Supreme Court of Louisiana · May 21, 1996

Clearly, the statutes burden the Party's right to govern itself as it thinks best. … Constitution protects the right of all qualified citizens to vote, and this right is unconstitutionally denied in violation of the Equal Protection Clause of the Fourteenth Amendment by the dilution of the weight of a citizen's

Lanza v. Lanza

898 So. 2d 280 · Supreme Court of Louisiana · Mar 2, 2005

The community enterprise must still qualify as "property" under Louisiana's community property laws. [5] We note that Ms. … Indeed, the State Farm website *286 clearly states that its agents are "independent contractor agents," which it defines as "self-employed, eligible for benefit coverage at the expense of the agent, and are paid commissions

State v. Dunn

41 So. 3d 454 · Supreme Court of Louisiana · May 11, 2010

Drew Gouvier, who was qualified as an expert in psychology and neuropsychology. A hearing was held on several dates in October and November, 2008, before the Hon. … This aforementioned plan, with its pre-meditative aspects, clearly lacks the impulsiveness and non-leadership interactions associated with mentally retarded persons.

State v. James

246 La. 1033 · Supreme Court of Louisiana · Nov 9, 1964

The information within the knowledge of the officers at the time they arrested James clearly furnished grounds for a reasonable belief on their part that the accused had committed and was committing the offense of illegal … The Fourth Amendment [1] and the specific mandate of the Louisiana Constitution [2] guarantee immunity from unreasonable searches and seizures by the police.

State v. Kennedy

957 So. 2d 757 · Supreme Court of Louisiana · May 22, 2007

Id. [21] While Crawford did establish as an important requirement for Sixth Amendment purposes that the defendant have a prior opportunity to cross-examine the declarant, and that requirement was clearly not *777 met in this … And under Coker, no rape, `with or without aggravating circumstances,' can constitutionally qualify for the death penalty when death has not resulted.")(emphasis added by the court).

Jordan v. Filmore

167 La. 725 · Supreme Court of Louisiana · Jan 2, 1929

Shelby filed the will in court with a petition asking that it be admitted to probate and that she be permitted to qualify as testamentary executrix. Mrs. … His action in so doing is only subject to successful attack by these forced legal heirs, under proper conditions and circumstances, when legally claimed and established.

In Re State Ex Rel. AJ

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. … in 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 controlling precedent from the United States Supreme Court, [16] which is clearly

State v. Bordelon

33 So. 3d 842 · Supreme Court of Louisiana · Oct 16, 2009

The psychiatrists were well qualified for the task. Both are professors of forensic psychiatry at Tulane Medical School and in particular, Dr. … It also clearly appears from the videotaped statement viewed by jurors that it was F.B.I.

State v. Dotson

260 La. 471 · Supreme Court of Louisiana · Dec 13, 1971

Clearly, the warrant was invalid. The prosecution, however, argues that there was probable cause to support the search without a warrant. … The closing words of that opinion are worth repeating here: "`There is danger that the criminal law will be brought into contempt— that discredit will even touch the great immunities assured by the Fourteenth Amendment— If

Morgan v. Livingston

4 Mart. 19 · Supreme Court of Louisiana · Feb 15, 1819

If the trapezium had been immediately on the river, and no road had intervened, the qualified property which riparious owners have in the banks, before their fields, would have passed to Poeyfarré, as an accessory of the … expense of another, neminem opportet alterius damno locupletari, or that he who seeks to avoid a loss, certat de damno vitando, is to be favored before him, who seeks to make a profit, qui certat de lucro captando, are clearly

State v. Tilley

767 So. 2d 6 · Supreme Court of Louisiana · Jul 6, 2000

The court initially held the evidence admissible to establish intent to commit murder. … In addition, the severity and number of stab wounds clearly indicate an intent to kill or inflict great bodily harm.

Ron Warren, Individually and on Behalf of the Estate of Derek Hebert v. Shelter Mutual Insurance Company

Supreme Court of Louisiana · Oct 18, 2017

In this case, bifurcation was clearly not consented to by all the parties. … Fetchko and the plaintiff’s counsel do not clearly establish financial and sinister motives for failing to place a warning sticker on the hydraulic system itself, or the intentional and malicious concealment of risk from

State v. Campbell

983 So. 2d 810 · Supreme Court of Louisiana · May 21, 2008

Richard Beighley, a criminalist at the North Louisiana Crime Lab in Shreveport, qualified without objection as an expert in firearms identification. … He also suggests that record omissions during voir dire render it difficult to establish the viability of cause challenges. La. Const. art.

State v. Thompson

93 So. 3d 553 · Supreme Court of Louisiana · May 8, 2012

Agent Parker testified the motel by itself qualified as a high crime area. Even the defendant’s trial counsel acknowledged | as“[t]he place is notorious, Your Honor.... [f]or prostitution and narcotics. … Gant, 556 U.S. 332, 344 , 129 S.Ct. 1710, 1719 , 173 L.Ed.2d 485 (2009), since there was clearly a reasonable belief that evidence of the crime of arrest was in the truck.

State ex rel. Illinois Cent. R. v. Board of Levee Com'rs

109 La. 403 · Supreme Court of Louisiana · Mar 3, 1902

They shall have and enjoy all the rights, powers and immunities incident to corporations. … Those words of themselves would have clearly enough shown the intention of the convention. Had it thought that term ambiguous or uncertain, it would certainly have used the general term “municipal authorities.”

State v. Lee

340 So. 2d 180 · Supreme Court of Louisiana · Oct 14, 1976

The defense effort was to establish that there was a rapist in the area who resembled Cordell Lee. … Clearly, it was.

State v. Strickland

683 So. 2d 218 · Supreme Court of Louisiana · Nov 1, 1996

This evidence was clearly abandoned property and subject to seizure without a warrant. … (emphasis supplied) Clearly, the objections were filed untimely. Further, a review of the objections shows no error in the trial judge's decision.

Kerry Simmons v. Cornerstone Investments, LLC

Supreme Court of Louisiana · May 8, 2019

Under this well-established doctrine, the payments received from the independent source are not deducted from the award the aggrieved party would otherwise receive from the wrongdoer. … art. 414 clearly demonstrates that the Legislature did not intend for juries to have even indirect evidence of any workers’ compensation benefits received by a claimant.