Case law

State v. Anderson

343 So. 2d 135 · Supreme Court of Louisiana · Feb 28, 1977

It was clearly shown that the car was taken from the garage without the consent of the Ford dealer, and defendant was found in possession of the car soon thereafter in Texas. … Defense counsel objected that he had not been qualified as an expert and could not give an opinion on that subject.

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

Kevin E. Bias v. Louisiana Physical Therapy Board

Supreme Court of Louisiana · Jun 26, 2019

R.S. 37:2404 is limited to establishing the quorum requirements for “meetings” of the Board. … Clearly, the Board’s authority to impose discipline under La. R.S.37:2420 is part of its rightful concern and falls within the scope of the Board’s business. Mr.

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.

Oliver v. Shreveport Municipal Fire & Police Civil Service Board

227 La. 1067 · Supreme Court of Louisiana · Dec 13, 1954

Court of Appeal in its opinion [ 72 So.2d 524 ] “ * * * the section provides for the constitution of the Board, prescribes its duties, grants authority to adopt and execute its own rules and regula *1074 tions, directs the establishing … The Court of Appeal believed that, since Section 15.1 was the only section in the law relating to the procedure to be followed in conducting hearings and investigations, its provisions were clearly applicable to all investigations

Coastal Drilling Company, L.L.C. v. Barry J. Dufrene, in His Capacity as Director of St. Mary Parish Sales and Use Tax Department and Ex-Officio Tax Collector for St. Mary Parish

198 So. 3d 108 · Supreme Court of Louisiana · Mar 15, 2016

The issue of LAC 61.I:4403’s constitutionality must be examined in light of the well-established rule of statutory construction that tax exemptions are “strictly construed in favor of the State and ‘must be clearly and … Clearly, LAC 61.I:4403 violates separation of powers and was correctly deemed unconstitutional by the lower courts.

State v. White

450 So. 2d 648 · Supreme Court of Louisiana · May 14, 1984

Clearly, an expert in drug distribution can give his opinion as to practices about which the average juror would have no competence. … In any event, the improper form was not so prejudicial as to require reversal of the conviction of this clearly guilty party.

State v. McQueen

108 La. 410 · Supreme Court of Louisiana · Jul 1, 1902

On the contrary, it clearly establishes that the vision is seriously impaired, and, though the witnesses are unable to state the cause, they testify that the impairment might have resulted from the injury which the defendant … Beyond this, there was no objection made at the time, and no bill reserved, on the ground that the witness, not having qualified as an expert, was undertaking to give expert testimony. Judgment af&rmed.

Bijou v. Alton Ochsner Medical Found.

679 So. 2d 893 · Supreme Court of Louisiana · Sep 5, 1996

committed by qualified health care providers. … Bijou seeks summary judgment. [1] The evidence clearly establishes that Mr. Bijou's damages clearly exceed $500,000.00. He was formerly a healthy, physically active, 41-year old man.

Conway v. Imperial Life Ins. Co.

207 La. 285 · Supreme Court of Louisiana · Jan 15, 1945

the estate of any deceased debtor, in the hands of the executors or administrators, is insufficient to pay all the debts due from the deceased, the debts due to the United States shall be first satisfied; and the priority established … Court in the Knott case, is clearly indicated by the following statement in the court’s opinion: “No one was appointed trustee; and, at the time of the deposit, there was no ascertainable beneficiary.”

State v. Elie

255 La. 767 · Supreme Court of Louisiana · Feb 23, 1970

Since other witnesses are available to establish the procedures used in selecting the jury bodies. … Hence, no district judge is immune from such a recusation proceeding. In reaching the result, the majority has retreated from the sound provisions of the Louisiana Code of Criminal Procedure.

Gibson v. Hearn

164 La. 65 · Supreme Court of Louisiana · May 23, 1927

On July 22, 1922, plaintiff qualified as the natural, tutrix of her minor daughter, Mary Arnold Hearn, and the said O. J. Hearn was appointed and qualified as undertutor to said minor. … They clearly show an intention to give, consummated by a real delivery. The title of the money in the Haynes-ville Bank was undoubtedly in Mrs. Susan J. Hearn.

Dresser v. Recreation & Park Commission of Parish

213 La. 85 · Supreme Court of Louisiana · Feb 16, 1948

policy of the law, or the settled policy of the state, in so far as it may throw light on the legislative intention, and that a statute should be interpreted in the light of, and to effectuate, such policy, where it is clearly … deducible from consistent acts of the legislature, or where the statute is a part of other legislation designed as a whole to establish an expressed state policy.

State v. Casillas

393 So. 2d 694 · Supreme Court of Louisiana · Jan 26, 1981

Clearly, the officers had a right to stop the defendant after they observed his expired inspection sticker and he attempted to elude them. … training and experience qualified him to draw such a conclusion from his observations.

Kansas City, Shreveport & Gulf Railway Co. v. Vicksburg, Shreveport & Pacific Railroad

49 La. Ann. 29 · Supreme Court of Louisiana · Dec 14, 1896

The petition alleges the construction in part by plaintiffs of a railroad from Kansas City to the Gulf, by way of Shreveport; that under agreement with that city, plaintiffs have established their machine shops and have agreed … If a corporation acquires more land than it requires for its uses, the land not needed is impressed with no immunity from the exercise of that power, to which all must submit.

State v. Bunger

14 La. Ann. 461 · Supreme Court of Louisiana · May 15, 1859

Let us add that of these four jurors, the only one who sat in the case was Henry Maddox, who was clearly qualified to do so. … Stone, a juror in this case, was not challenged for cause, although it appears that he was not qualified to serve.

Michael Dunn and the Class of Similarly Situated Persons, Kenner Fire Fighters Association Local 1427 Iaff v. City of Kenner

187 So. 3d 404 · Supreme Court of Louisiana · Jan 27, 2016

To comply with the constitutional mandate, the legislature established employee contribution rates. See La. R.S. 11:62. *409 La. … We reject this interpretation; the payment is clearly intended to compensate Firefighters not merely for "status,” but also for advanced skills and training experienced Firefighters provide to Kenner. .

State v. Thomas

50 La. Ann. 148 · Supreme Court of Louisiana · Dec 28, 1897

The duty had been performed although there was no record evidence, as there should have been, establishing that it had been performed. … The trial judge has authority and discretion with which it is not our duty, nor only inclination to interfere, unless it clearly appears that he has acted arbitrarily and without due regard to the rights of the defendant.

Lasyone v. Kansas City Southern RR

786 So. 2d 682 · Supreme Court of Louisiana · Apr 3, 2001

Moreover, DOTD submitted no evidence to establish what the slope of the embankment was at the time of the accident. … The constitutionality of this statute was called into question as an abrogation of sovereign immunity contained in Article XII, § 10(A) of the Louisiana Constitution.

City of New Orleans v. Cazelar

27 La. 156 · Supreme Court of Louisiana · Feb 15, 1875

It is at least one that is never clearly and satisfactorily removed. … But the equivalent in such a case is conjectural and never is settled upon by a concurrence of opinion even among those best qualified to determine the question.