Case law

State of Louisiana v. Glenn Cook

226 So. 3d 387 · Supreme Court of Louisiana · May 3, 2017

R.S. 15:544.1 establishes procedures for challenging the registration and notification requirements “as they apply to a particular offender convicted of or adjudicated delinquent for a sex offense” and | ¡¿further establishes … The provision that authorizes the release 17of information by criminal justice agencies and provides for civil immunity, La.

State Ex Rel. Mims v. Butler

601 So. 2d 649 · Supreme Court of Louisiana · May 26, 1992

Because of ambiguity in the habitual offender statute, we will apply the well established principles of strict statutory construction, and lenity. … The Fifth Circuit concluded that: Since the legislature could have clearly stated its intention if it chose to do so, and since it did not repudiate the rule established in the Simmons case by the 1982 amendment, for the

Mistich v. Volkswagen of Germany, Inc.

666 So. 2d 1073 · Supreme Court of Louisiana · Jan 29, 1996

Vern Roberts, who qualified as an expert in biomechanics, occupant kinematics and highway statistics. … that the factfinder is clearly wrong (manifestly erroneous).

State v. Sullivan

596 So. 2d 177 · Supreme Court of Louisiana · Mar 2, 1992

At Sullivan's trial, Hillhouse, under a grant of total immunity from prosecution, testified he had willingly gone along with Sullivan's plan to make some quick money. … The evidence clearly supports a finding the killing was committed during the course of an armed robbery.

State v. Cronin

220 La. 233 · Supreme Court of Louisiana · Dec 10, 1951

You don't have to say anything if you don't want to but it is your right to say anything if you wish because you can waive immunity if you wish and this is not a statement that will in any way incriminate you whether you … The particular section cited relates to the State Industrial School for Girls established by the State and which is located in Rapides Parish.

Ashanti Green, as Tutrix of the Minors, Dave Peterson III and David Peterson v. Michael Johnson, State Farm Insurance Agency, Allstate Insurance Company, and American Southern Home Insurance

Supreme Court of Louisiana · Oct 15, 2014

Peterson was required to qualify as an insured under the liability portion of the policy in order to qualify for UM coverage. … the limits of liability and it is well established that this contract of insurance is the law between the parties.”

Rainey v. Entergy Gulf States, Inc.

35 So. 3d 215 · Supreme Court of Louisiana · Mar 16, 2010

She filed a tort suit against Entergy, which was eventually met with the affirmative defense of statutory employer tort immunity. … would have reversed the trial court, finding the trial court erred in concluding Entergy was not Rainey’s statutory employer; three of the judges would have affirmed the trial court’s judgment on the basis Entergy failed to establish

Police Jury of Caddo Parish v. Mayor of Shreveport

137 La. 1032 · Supreme Court of Louisiana · Jun 29, 1915

One question only is presented in this case, the right of the city of Shreveport to determine by a vote of its qualified electors the question as to whether licenses for the sale of intoxicating liquors should be granted … same point was under discussion, and the court said [in the Garret Case], with reference to the limitation or restriction in the act of 1884: “This case does not, in our conception, involve in any manner the liberties or immunities

State v. Robinson

223 La. 595 · Supreme Court of Louisiana · Feb 16, 1953

Accordingly, since he did not observe the speed at which defendant’s truck was travelling, his statement was clearly hearsay and could only be received on the theory 'that he was an expert on the speed of motor vehicles qualified … On the contrary, Section 6233 merely provides that the speed of an automobile may, like any other fact, be established by circumstantial evidence and Section 6234 declares that the physical effect of the impact of vehicles

Heirs of Delogny v. Mercer

43 La. Ann. 205 · Supreme Court of Louisiana · Feb 15, 1891

The established facts are the following: In 1807 P. B. Delogny, who had previously acquired from J. F. … Clearly he !< obligated himself to leave free, for the common use of the purchasers, the space.” .

State v. Whittaker

463 So. 2d 1270 · Supreme Court of Louisiana · Feb 26, 1985

This note is clearly relevant. It indicates consciousness of guilt and an attempt to persuade a co-defendant to remain silent or lie. … His alibi witnesses did not establish that he was at the Dunn home that evening at the time of the crime.

Shepherd v. Schedler

209 So. 3d 752 · Supreme Court of Louisiana · Jan 27, 2016

That is, jurisdiction, once established, may abate if the case is moot. … One of the well-established exceptions to the mootness doctrine was discussed in depth by this court in State v. Rochon, 11-0009 (La.10/25/11), 75 So.3d 876 .

State v. Taylor

282 So. 2d 491 · Supreme Court of Louisiana · Aug 20, 1973

Defense counsel contends that the trial judge clearly erred in not following the *495 plain provisions of LSA-R.S. 13:3714 and not considering that the statute was an exception to the hearsay rule. … Nonetheless, in the usage of this voir dire examination, it conveys this meaning; If the State establishes the guilt of the defendant "beyond a reasonable doubt to your satisfaction", will your state of mind permit you to

Lafourche Parish Council v. Autin

648 So. 2d 343 · Supreme Court of Louisiana · Dec 9, 1994

VI, § 5, and does not qualify as a reasonable or a necessary exercise of the state's police power. … VI, § 9(B) so as to qualify as an exception to the prohibition against state interference with home rule discretion. 455 So.2d at 1173 .

City of New Orleans v. Robira

42 La. 1098 · Supreme Court of Louisiana · Dec 15, 1890

In this case the presumption, far from having been destroyed, has been established as well founded. … It may be added that it is universally settled that exemption laws, being in derogation of a general rule, must be strictly construed; that whoever claims shelter under them must prove himself clearly entitled to the immunity

Haynes v. Heard

3 La. Ann. 648 · Supreme Court of Louisiana · Oct 15, 1848

The principle upon which these decisions rest is, that the answers objected to were pertinent to the issue, and clearly connected with the facts which the adversary sought to establish; and that the party had the. right to … qualify the answer he was called upon to make, by stating facts which prevented the consoquence of absolute and unqualified answers.

Yokum v. 615 Bourbon Street, LLC

977 So. 2d 859 · Supreme Court of Louisiana · Feb 26, 2008

Thus, to qualify for the absolute liability standard, the plaintiff must show that the activity complained of is either "pile driving" or "blasting with explosives." Suire v. … establishing a lease on their property.

State v. Hagen

136 La. 868 · Supreme Court of Louisiana · Feb 23, 1915

such as chartered towns and cities, or towns and cities voluntarily organized under general incorporating acts, such as exist in a number of the states, and involuntary quasi corporations, such as counties, has been very clearly … The General Assembly may establish and organize new parishes, .which shall be bodies corporate, with such powers as may be prescribed by law. * * * “Art. 278.

Ballard v. Plantation Management Co.

99 So. 3d 16 · Supreme Court of Louisiana · Oct 8, 2012

Ballard failed to present sufficient evidence to establish that she would be able to satisfy her evidentiary burden of proof at trial, the court of appeal opined that “[tjhough Ms. … The nurse experts were clearly qualified to testify and establish the applicable standard of care. See, e.g., Sepulvado v.

State v. Hill

332 So. 2d 475 · Supreme Court of Louisiana · May 17, 1976

Prior to testimony as an expert, however, a witness must be qualified as such by the trial court. … Under the facts of this case, the trial court clearly did not err in allowing Officer Dunn to testify as an expert witness. There are few areas of scientific expertise subject to absolute certainty.