Case law

State v. Gibson

107 So. 3d 574 · Supreme Court of Louisiana · Jan 29, 2013

R.S. 18:1401 et seq., which establish the procedures by which challenges are made to candidacy and elections. La. R.S. 18:491 provides for standing to object to candidacy and states, in pertinent part: A. … Although it is technically conceivable that a district attorney, as a qualified elector, could institute a recall drive, the Constitution and enabling statutes clearly envision the proceeding as a civic undertaking by the

State v. Henry

197 La. 999 · Supreme Court of Louisiana · May 26, 1941

a qualified or an unqualified verdict. … Clearly he was not qualified to sit on the jury. In State v.

State v. Wilson

394 So. 2d 254 · Supreme Court of Louisiana · Jan 26, 1981

United States, 340 U.S. 367 [ 71 S.Ct. 438 , 95 L.Ed. 344 ] (1951), and to require him to answer if `it clearly appears to the court that he is mistaken.' Temple v. Commonwealth, 75 Va. 892, 899 (1881). … One solution for this complex problem is the grant of defense witness immunity. See my concurring opinion in State v. Bice, 390 So.2d 1270 (La.1980).

Freeman v. Poulan/Weed Eater

630 So. 2d 733 · Supreme Court of Louisiana · Jan 14, 1994

The primary issues we consider are, first, whether the hearing officer was manifestly erroneous or clearly wrong in finding that the evidence did not establish that plaintiff was able to earn wages equal to her preinjury … not clearly wrong.

French v. Bach

26 La. Ann. 731 · Supreme Court of Louisiana · Nov 15, 1874

The ruling was clearly wrong, the testimony being exclusively parol, was inadmissible to destroy Me-Michael’s title and establish title in Spiller, who had no vestige of title. … This alleged sale, with all its surroundings, we cannot regard as having been made in good faith, and therefore that it is not covered by the immunity granted by article 149 of the constitution of this State.

Gilboy v. American Tobacco Co.

582 So. 2d 1263 · Supreme Court of Louisiana · Jun 21, 1991

A smoker who acquired the habit which caused his cancer before that warning should qualify as a prudent consumer. See Pritchard v. … If it is established that cigarettes caused the cancers and are unreasonably dangerous per se, other factors must be weighed to apportion comparative fault.

State of Louisiana v. Brian Douglas Horn

251 So. 3d 1069 · Supreme Court of Louisiana · Sep 7, 2018

The record clearly supports, and defendant does not contest, a finding that defendant "enticed or persuaded" the victim "to go from one place to another." … Rather, the State asserts the evidence was sufficient to prove the victim was "injured" during the kidnapping and, thus, the evidence was sufficient to establish second degree kidnapping.

Desbois's Case

2 Mart. 185 · Supreme Court of Louisiana · Jul 1, 1812

United States, it is provided that "new states may be admitted by the congress into the union"-and the 2d section of the same article directs that "the citizens of each state shalt be en"titled to all the priviledges and immunities … They there extend the right of owning ships and vessels of the United States, " to the inhabitants of the ceded territory, who "were residents thereof on the 30th of April " 1803 :" clearly excluding those who had arrived

Malone v. Shyne

937 So. 2d 343 · Supreme Court of Louisiana · Sep 13, 2006

Clearly, each state has the right to determine the qualifications for a state office. … Significantly, the constitutionally established disqualification is not an irreversible ban from seeking public office.

Kilbourn v. Pennebaker

23 La. Ann. 700 · Supreme Court of Louisiana · Jul 15, 1871

Four of these witnesses, it seems clearly established, lived “out of the place” where the testament was signed; thatis, that they were residents of the parish of Madison, on the opposite side of the Bayou Mason from Warsaw … The residence of the other witness is not so clearly fixed.

State v. Maise

172 So. 3d 639 · Supreme Court of Louisiana · Jun 30, 2015

Although A.L. related this version of the facts to the jury after she had received immunity from the State, A.L. changed her testimony following an overnight recess and the court’s appointment of an attorney to represent … done the defendant, and, unless such is shown to have been the case the motion | sshall be denied, no matter upon what allegations it is grounded. 9 A defendant seeking a new trial based on newly discovered evidence must establish

Micou v. Benjamin

26 La. Ann. 718 · Supreme Court of Louisiana · Nov 15, 1874

It is a right' inherent in the nation from the order and fitness of things, and which I can not clearly perceive how it can divest itself of. … He acquires, as the law declares, a good and valid title, and this must mean a title in fee, unless the qualifying *726 terms of the resolution limit it to a lifetime estate; and it clearly appears to me it does not in this

Burmaster v. Gravity Drainage Dist. No. 2

366 So. 2d 1381 · Supreme Court of Louisiana · Dec 15, 1978

She argues that the statute grants a certain number of persons within a class (architects and contractors) a special privilege or immunity which is not extended to all persons possessing the characteristics of the class. … The classification established by La.R.S. 9:2772 affects alike all persons and interests similarly situated. Clearly, the classification is not arbitrary; rather, it is founded on reasonable grounds of distinction.

State, Department of Highways v. McPherson

261 La. 116 · Supreme Court of Louisiana · Feb 28, 1972

For the purposes of this dissent I will also accept these two witnesses to be well qualified, but I will review all of their testimony. … The trial judge stated: “The defendant has clearly established with the appraisers, the engineer and the contractor, James Gregory, that to use, cultivate, or pasture the south remainder, much money must be spent for bridges

State v. Reid

340 So. 2d 551 · Supreme Court of Louisiana · Dec 17, 1976

Inasmuch as physical infirmity is clearly a disqualification from jury service, we are of the opinion that the attempt to gather documented information by questionnaire concerning the medical condition of prospective jurors … (a) Qualified. A person who meets all of the requirements of C.Cr.P. Art. 401. (b) Excluded. A qualified person who is not subject to jury service by reason of prior service as set forth in C.Cr.P.

State v. Maney

242 La. 223 · Supreme Court of Louisiana · Dec 11, 1961

At the trial, the State properly established the predicate for the introduction of the oral inculpatory declaration of the defendant, and the Court ruled that the State had successfully discharged the burden of proof establishing … The per curiam of the trial judge discloses that the witness had not been qualified as an expert.

David v. Our Lady of the Lake Hosp., Inc.

849 So. 2d 38 · Supreme Court of Louisiana · Jul 2, 2003

The language "tort ... arising out of patient care" clearly encompasses delictual actions based on strict liability for blood sold and used in transfusions. … As conceded by the majority in Williams , the application of LSA-R.S. 9:5628 to a plaintiff's claim does not depend upon whether the hospital is a private hospital qualified under the MMA, a private hospital not qualified

Investors Homestead Ass'n v. Anglada

193 La. 596 · Supreme Court of Louisiana · Oct 30, 1939

His signature is qualified by the words “To authorize my wife”. Mr. … Bruno had signed the note without qualifying his signature, a different situation might be presented. But he did qualify his signature, as is the custom where husbands sign to authorize their wives. Joseph Monget v.

Sherwood Forest Country Club v. Litchfield

998 So. 2d 56 · Supreme Court of Louisiana · Dec 19, 2008

Also, other activities, such as dining with friends at the club's restaurant or sitting by the swimming pool are, according to the court, clearly fraternal. … The fraternal organizations defined by Louisiana law and the IRC clearly fit within the meaning of "fraternal" intended by the constitution.

LA. STATE EMP. RETIREMENT SYSTEM v. McWilliams

996 So. 2d 1036 · Supreme Court of Louisiana · Dec 2, 2008

R.S. 11:291(B), which clearly directs LASERS to pay a former spouse these survivor benefits when ordered by a community property judgment which meets that statute's requirements. … Boggs, 520 U.S. 833 , 117 S.Ct. 1754 , 138 L.Ed.2d 45 (1997), ERISA and REA provide an exception to that preemption where an ex-spouse has a qualified domestic relations order, or "QDRO," establishing her claim to these survivor