Case law

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.

State v. Thomas

208 La. 548 · Supreme Court of Louisiana · Jun 29, 1945

This being true, clearly Article 376 of the Code of Criminal Procedure is not applicable to the question under consideration. … But this constitutional immunity could be denied a defendant if Article 376 of the Code of Criminal Procedure is given the interpretation contended for by the state.

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.

State v. Selman

300 So. 2d 467 · Supreme Court of Louisiana · Jun 10, 1974

This clearly left to the uncontrolled discretion of the jury the determination whether the defendant committing a particular capital crime should die or be imprisoned. … According to the testimony of the victims, they spent enough time in an area sufficiently lighted to clearly see their assailant on the night of the crime.

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.

State v. Guin

212 La. 475 · Supreme Court of Louisiana · Nov 10, 1947

their verdict, we do not think the mere fact that an accused is under 17 is an element or a determining factor in the establishment of the crime of murder. … 'Clearly, therefore, this ruling is correct. For the reasons assigned, the conviction and sentence are affirmed.

In Re Medical Review Panel of Howard

573 So. 2d 472 · Supreme Court of Louisiana · Jan 22, 1991

The medical review panel ruled on January 12, 1988 that the evidence did not establish any deviation by employees of the hospital from the appropriate standard of care. … The claim filed against Van Meter therefore clearly fits within the statutory time periods, unless an earlier date of discovery applies.

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.

State v. George

371 So. 2d 762 · Supreme Court of Louisiana · May 21, 1979

Questionnaires are then sent out to these persons to determine who are qualified to serve as jurors. … After the questionnaires are returned, the names of qualified persons are placed in a jury box from which the *764 general venire is drawn.

9 to 5 Fashions, Inc. v. Spurney

538 So. 2d 228 · Supreme Court of Louisiana · Jan 30, 1989

Further, the court found that the trial court's finding that "Spurney was carrying out a personal vendetta against 9 to 5" was not clearly wrong. … The officer's action is justified, and he is entitled to a privilege of immunity, if he acted within the scope of his corporate authority and in the reasonable belief that his action was for the benefit of the corporation

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.

Herold v. Jefferson

172 La. 315 · Supreme Court of Louisiana · Mar 30, 1931

Litigation ensued over the transaction, the event of- which is not clearly shown by the record. … But be that as it may, we do not think that plaintiff has established her allegations of fraud. The sale from Jefferson to Rebecca Pay-single in 1907 was a bona fide transaction.

Ardoin v. Hartford Acc. & Indem. Co.

360 So. 2d 1331 · Supreme Court of Louisiana · Jun 19, 1978

The various medical specialties have established uniform requirements for certification. … To the extent that the statute establishes a burden of proof in malpractice actions, it clearly should be characterized as procedural and therefore applied to pre-existing facts and relations.

Everhardt v. City of New Orleans

253 La. 285 · Supreme Court of Louisiana · Dec 16, 1968

The Supreme Court of Rhode Island in the Lombardi case declared: “ * * * It is our unqualified judgment that the purpose sought to be achieved by requiring cyclists to wear protective headgear clearly qualified as a proper … All such safety helmets shall consist of lining, padding, visor and chin strap and shall meet such other specifications as shall be established by the Di *291 rector of Public Safety.

Freeman v. Cooper

414 So. 2d 355 · Supreme Court of Louisiana · May 17, 1982

The court of appeal affirmed, holding that the statements were defamatory and rejecting the defenses of truth and of qualified privilege. … NOTES [1] The record established that plaintiff's client did furnish him with the information asserted in the motion.

Ford v. Miles

6 Mart. (N.S.) 377 · Supreme Court of Louisiana · Dec 15, 1827

It is clearly not a confession of judgment, but an agreement that judgment should be entered on the verdict. … *380 any observation to qualify or limit the respon- .

Succession of Saloy

44 La. Ann. 433 · Supreme Court of Louisiana · Apr 15, 1892

It was surely too late, after the. appointments had been conferred and the appointees qualified. The lower court ruled correctly. II. … It would be cumbersome and subserve no useful purpose to enter into any elaborate inquisition to establish clearly what are actions m disavowal, actions in contestation of legitimacy, actions in reclamation and actions in

State ex rel. Department of Highways v. Reimers

249 La. 1044 · Supreme Court of Louisiana · Dec 12, 1966

Stenographers’ fees, of course, is one of the exceptions, established by the statute itself. … The broad relief from the payment of costs established in favor of the State, its subdivisions, boards and commissions, is not otherwise qualified.

State v. Garrison

244 La. 787 · Supreme Court of Louisiana · Jun 4, 1963

Privileged occasions are either absolute or ■qualified. … They are absolute when the law protects them with absolute immunity from any prosecution, either civil or criminal, although the publication may be knowingly false and with express malice.

State v. Cronin

220 La. 234 · 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.