Case law

State ex rel. Saunders v. Kohnke

109 La. 838 · Supreme Court of Louisiana · Jan 19, 1903

But this implication, to be sufficient, must clearly evince or express the intention to establish or constitute a body politic or corporate; that is, to invest it with corporate powers and privileges. … expressed or necessarily implied purpose is as clearly void as if in express terms forbidden.

State v. Clark

340 So. 2d 208 · Supreme Court of Louisiana · Oct 14, 1976

Ordinarily, a witness must be qualified before he gives an expert opinion, La.R.S. 15:466. … Hence, the ruling herein allowing Gibbs to be interrogated concerning his prior arrests was clearly error.

State v. Edwards

106 La. 674 · Supreme Court of Louisiana · Nov 15, 1901

The reasons assigned by the judge a quo for overruling these objections are, in substance; that the confessions were voluntary and were not induced by any promises of immunity from punishment, or hope of reward, or threats … Though this is the case, the ruling of a judge of first instance on a question of this character should not be disturbed, unless clearly erroneous.

State v. Williams

343 So. 2d 1026 · Supreme Court of Louisiana · Feb 28, 1977

of wounds; and to establish the identity of the victim. … Our reading of the record does not reveal that the prosecutor created any impression one way or the other concerning a grant of immunity. Moreover, no evidence regarding immunity was ever adduced.

State v. Link

301 So. 2d 339 · Supreme Court of Louisiana · Oct 11, 1974

The defendant has the burden of establishing the defense of insanity. LSA-C.Cr.P. Art. 652. In the present case, a Sanity Commission was appointed. … The facts of this case clearly establish that this defendant was represented by counsel who did not meet these qualifications. That alone is sufficient for reversal.

Williams v. Kushner

549 So. 2d 294 · Supreme Court of Louisiana · Sep 22, 1989

The Medical Malpractice Act clearly limits recovery against the PCF to $400,000 (except for exemptions from the limitation). … The record in the present case, as discussed below, establishes that this burden has been met.

Harper v. STATE, DPSC

679 So. 2d 1321 · Supreme Court of Louisiana · Sep 5, 1996

The only evidence of this policy was from Hannegan and Bailey and they clearly knew very little about it. … Furthermore, the sheriff is responsible for establishing regulations regarding the discipline, working and employment of such prisoners. LSA-R.S. 15:708 B.

Flanagan v. Gehrke

136 La. 402 · Supreme Court of Louisiana · Jan 11, 1915

The suit is therefore clearly a petitory action, brought on behalf of the state of Louisiana for the recovery of property of which, it is asserted and insisted, the state is owner, by virtue of her sovereignty, and not by … peaceable and uninterrupted possession for more than ten years, in good faith, under a title translative of property emanating from the state of Louisiana, and by the prescription of three years, in favor of tax titles established

Rush v. Town of Farmerville

156 La. 857 · Supreme Court of Louisiana · Apr 30, 1924

The evidence was not sufficient to establish its loss, and the trial judge excluded a certified copy of the recorded deed for this reason. … To so hold would be for this court to grant immunity to mobs for acts of vandalism, and of violence, and to place upon such, lawless acts the seal of judicial approval, in direct contravention of the constitutional guaranty

Nicosia v. Guillory

322 So. 2d 129 · Supreme Court of Louisiana · Nov 3, 1975

However, he left so that he was unavailable, when called at the conclusion of the testimony of the plaintiff's first witness. *133 The trial court clearly did not abuse its discretion in continuing the case to permit the … The award of $1,800 for the total loss of the truck is likewise established by the record. Decree For the reasons assigned, we reverse and set aside the court of appeal judgment, and we reinstate the trial court award.

In Re Succession of Boyter

756 So. 2d 1122 · Supreme Court of Louisiana · Jan 7, 2000

Clearly, he did not "disinherit" plaintiffs as he did not comply with the codal provisions requiring express disinherison and the reasons therefor. … in contract and tort, which established a rule that was effective without an act of the legislature.

Hyde v. Planters' Bank

17 La. 560 · Supreme Court of Louisiana · Jan 15, 1841

Red-man, a notary public, .residing at Natchez, and qualified according to law to demand payment thereof, and to notify in a legal manner the said indorser; that it was the duty of the said Redman not only to notify said … he had served notice on this *341 indorser; the notary having died befoi’e the trial, and his record being so deficient as to make no legal proof of such notice, the plaintiffs remained without any evidence whatever to establish

Morial v. Smith & Wesson Corp.

785 So. 2d 1 · Supreme Court of Louisiana · Apr 3, 2001

Section 1799 was clearly a regulation of certain tort suits by limiting the persons and entities who can recover damages. … That decision did not involve the City's immunity from legislative control.

State v. Dorsey

207 La. 928 · Supreme Court of Louisiana · Mar 26, 1945

for the same reasons for which it rejected persons of the Negro face, without discrimination in either case. *945 The above clearly shows the efforts made by the Jury Commission to obtain qualified jurors for the general … Jury Commissioners to qualify or excuse them.

Sylvestre v. St. Landry Parish School Board

164 La. 204 · Supreme Court of Louisiana · May 23, 1927

The Grand Prairie schoolhouse is in the district, and notice that it was the voting place established was given. … dependent upon the number of polling places that may be properly established therein.

State v. Williams

216 La. 419 · Supreme Court of Louisiana · Dec 9, 1949

“Not guilty. * * *” Clearly this act has relation to nothing more than the course of the trial proceedings. It does not purport to declare what acts are crimes or prescribe the punishment for committing them. … Winstead, 204 La. 366 , 15 So.2d 793 , the court holding that the coroner was qualified to express an opinion as to the cause of the fatal wounds. Defendant has cited no authority to the contrary.

The Bank of New York Mellon v. Whitney Blaine Smith, Et Ux.

180 So. 3d 1238 · Supreme Court of Louisiana · Oct 14, 2015

Smith cannot establish a claim under section 1983 because she failed to challenge the constitutionality of a state statute or a claim for the statute’s erroneous application. … The Court stated “clearly the seizure and sale occurred without the required notice to plaintiffs.” Ms. Smith appealed, and the court of appeal reversed on appeal.

State v. Stickney

167 La. 1050 · Supreme Court of Louisiana · Feb 11, 1929

Later the court qualified the foregoing charge, as appears from bill No. 5, as follows: “The court qualifies this (referring to the foregoing charge) by saying that the presumption lessens as the time between the time of … In fact, as we shall see, in passing on the next -bill, the judge clearly and expressly instructed the jury in a preceding part of his general charge that the burden was on the state to establish beyond a reasonable doubt

State v. Alexander

351 So. 2d 505 · Supreme Court of Louisiana · Oct 20, 1977

Here, the State granted immunity to Herbert John Derouen, a co-indictee, and Mary Arceneaux, one implicated. … Such information apprised him of the nature of the statement to enable him to establish a defense as to that issue.

State v. Jones

332 So. 2d 466 · Supreme Court of Louisiana · May 17, 1976

Next, defendant objected to the qualifying of a state witness as an expert (Captain Milton Cox). The record reveals that this witness was properly qualified as found by the trial judge (Assignment of Error No. 7). … He asserts that the state failed to establish an adequate chain of custody prior to their admission in evidence. There is no merit to this contention. In State v.