Case law

State v. Montejo

974 So. 2d 1238 · Supreme Court of Louisiana · Jan 16, 2008

He further alleges that testimony established that neither he nor the detectives who accompanied him at that time were aware that counsel had been appointed that morning. … While the minute entry clearly shows that counsel was appointed, it does not show a response by defendant.

Roussel v. Railways Realty Co.

133 La. 153 · Supreme Court of Louisiana · May 12, 1913

action against the New Orleans Railway & Light Company to recover possession of certain lots of ground, adjoining the summer resort on the shore of Lake Pontchartrain known as “Spanish Fort,” which the said company was then establishing … common carrier, organized under the laws of this state, in such cases made and provided all as will appear from a copy of its charter, hereto annexed as part hereof, and as such is entitled to all the rights, privileges, and immunities

Lazarus v. Friedrichs

125 La. 619 · Supreme Court of Louisiana · Nov 4, 1908

The word ‘promoting’ should have been qualified, by ‘promoting the organization’ — the legal organization and not securing subscriptions.” … We therefore conclude that plaintiff has failed to establish the contract sued on, and hence is not entitled to judgment.

Marin v. Exxon Mobil Corp.

48 So. 3d 234 · Supreme Court of Louisiana · Oct 19, 2010

A trial court’s findings of fact on the issue of prescription are subject to the manifest error-clearly wrong standard of review. London Towne Condominium *245 Homeowner’s Ass’n v. … In order to qualify as usable groundwater, the groundwater must be classified as a Class II aquifer.

Houssiere Latreille Oil Co. v. Jennings-Heywood Oil Syndicate

115 La. 108 · Supreme Court of Louisiana · Jan 4, 1905

Upon the trial of .the case the execution and registry of the contract thus referred to by defendant, as also the transfers by which the defendant became “the party of the second part” therein, were established, and it was … Latreille also testifies that he conveyed to the plaintiff only the mineral rights in the land, and, as no objection was made to that testimony by plaintiff’s counsel, who offered him as a witness, and no attempt to qualify

Porter v. Rogers Oil & Gas Co.

139 La. 1050 · Supreme Court of Louisiana · Jun 30, 1916

In qualifying the statements so made by the expression, “worthy of a moment’s consideration,” we refer to the statements in the testimony of Lewis and Loper, to the effect that the decedent, after he had received the injury … it by standing and hollering to men whom he had known but a few days, why is it that none of them pretend to have heard him holler, and yet, he being dead, that two of them attribute to him a statement which every fact established

Forbes v. Cockerham

5 So. 3d 839 · Supreme Court of Louisiana · Jan 21, 2009

Clary was properly qualified as an expert in highway maintenance. 1 judgment Notwithstanding the Verdict The use of JNOV is provided for by La. … The uncontroverted evidence at trial established that Mr.

Opelousas Trust Authority v. Cleco Corp.

105 So. 3d 26 · Supreme Court of Louisiana · Dec 4, 2012

However, when a party to an action qualifies as a public utility, La. Const, art. IV, § 21(B), is arguable applicable. … The Louisiana Constitution, Revised Statutes, and Louisiana jurisprudence clearly dictate this is a rate matter subject to the exclusive jurisdiction of the LPSC.

State of Louisiana v. Corei K. Guidry

Supreme Court of Louisiana · Mar 15, 2017

juries to be made aware of possible sentences under the Habitual Offender Law. 1 The defendant counters the law should remain as settled for some forty years, that an enhanced sentence under the Habitual Offender Law qualifies … Prior to 1974, this court’s jurisprudence clearly disfavored parties and trial courts informing a criminal jury of potential sentences, whether the sentence was mandatory or not, unless the offense charged was capital in

Theresa Fisher v. Steven Harter, Jr.

Supreme Court of Louisiana · Oct 25, 2024

Plaintiff fails to clearly and convincingly show any constitutional aim or provision which restricts the legislature from enacting La. R.S. 13:4163. 2. La. … Nonetheless, an attorney-legislator can simply enroll as counsel of record or place his or her name on a pleading to qualify for a continuance or extension in any case.

State of Louisiana v. Jeffrey Clark

220 So. 3d 583 · Supreme Court of Louisiana · Dec 19, 2016

And I think that she has clearly established a predisposition as to Mr. Clark, and she’s not going to be in any form or fashion unbiased at the start of this case. The Court: The cause challenge is denied. … I, § 20 is modified by the particular constitutional principle established in Art. V, § 33.

In Re Lee

933 So. 2d 736 · Supreme Court of Louisiana · Jul 6, 2006

Clearly, Judge Lee's misconduct occurred in her official capacity as City Court judge. *748 (e) Whether the judge has acknowledged or recognized that the acts occurred. … That policy was clearly in effect and pointed out to her in writing by the clerk of court.

State v. Perry

610 So. 2d 746 · Supreme Court of Louisiana · Nov 9, 1992

The pursuit of retribution, like that of any single social aim, has its restrictive qualifiers. H.L.A. Hart, Responsibility and Punishment, 10 (1968). … The present case is clearly distinguishable from those in which the United States Supreme Court announced its Eighth Amendment review standards.

In Re Justice of the Peace Leroy J. LAICHE, Jr., Second Justice Court, Parish of Ascension, State of Louisiana

198 So. 3d 86 · Supreme Court of Louisiana · Mar 15, 2016

A judge should participate in establishing, maintaining, and enforcing, and shall personally observe, high standards of conduct so that the integrity and independence of the judiciary may be preserved. Canon 2A. … 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.

Naef v. Vergez

140 La. 196 · Supreme Court of Louisiana · Oct 6, 1916

They held, as it appeared in the Directory, that I appeared as a lawyer, that they could not qualify me. That was my knowledge of it, not morally.” 1-Ie further testified as follows: “Q. … Well, the checks were made good, or paid, one or the other, I don’t remember clearly about it.”

Elizabeth Soileau v. Wal-Mart Stores, Inc.

Supreme Court of Louisiana · Jun 26, 2019

The effect of Burgess in this regard is clearly a “broaden[ing]” of Workers’ Compensation Law, in violation of La. … kind; (5) diet pills or drugs for the purpose of weight reduction unless the treating physician can provide prior justification; (6) charges for any prescription, or item of merchandise or service, not related to the qualifying

State v. Dressner

45 So. 3d 127 · Supreme Court of Louisiana · Jul 6, 2010

Clearly, I mean if we were talking about a week, maybe even outside of two weeks, then there could be a potential manslaughter defense. … Regarding the heinousness aggravator, as discussed previously, the State’s evidence presented in the guilt phase and reintroduced at the penalty phase established the brutal stabbing of both Paul and Shannon Fasullo.

Pierson v. Times-Picayune Pub. Co.

148 La. 817 · Supreme Court of Louisiana · Feb 28, 1921

The letter does not in any manner interfere with your privileges as they were given to you by the executive committee and clearly shows that your insinuations, as contained in your letter, are without foundation and absolutely … The girl described as “Insane” is not so classified by competent authority, and would not have been in the Jackson asylum if the asylum for the feeble-minded, since established, had ben established at that time, for she is

Prieto v. St. Alphonsus Convent of Mercy

52 La. Ann. 631 · Supreme Court of Louisiana · Feb 15, 1900

known in the administration of the affairs “ of the convent, as Sister Philomena; and that the directions of peti- “ tioner to those in charge of said institution were, to educate her said “ daughter, so as to properly qualify … “Q. — I want to establish when and where she got into the convent — ■ she went through the gates of the convent once, and I want to know when and where and how she went through them ?

State of Louisiana v. Kayla Jean Giles Coutee

Supreme Court of Louisiana · Jun 27, 2025

However, the pathologist qualified that statement by also testifying that the trajectory evidence was “consistent with a million things.” … The evidence presented by the State established that the defendant did not merely research her "stand-your-ground" rights, but she specifically researched cases in which people were able to successfully use such a defense