Case law

State v. Carouthers

618 So. 2d 880 · Supreme Court of Louisiana · May 24, 1993

Documents provided by Texas authorities established that the latter two convictions involved conduct charged as part of the same transaction. … R.S. 14:27; 14:62.1 did not qualify as one of the enumerated offenses under subsection A(2)(b).

Mashburn v. Collin

355 So. 2d 879 · Supreme Court of Louisiana · Dec 13, 1977

In order to avoid confusion in this evolving area of law, it is desirable that we state clearly some of the issues which have not been decided. … This statute, which establishes a defense of qualified privilege to criminal defamation, in pertinent part, provides: "A qualified privilege exists and actual malice must be proved, regardless of whether the publication is

C.M.J. v. L.M.C., Wife of C.M.J.

156 So. 3d 16 · Supreme Court of Louisiana · Oct 15, 2014

money to live, which was not based on fact, as was established at trial hereof. … Her interview was not a “forensic interview,” and although she testified she uses interviewing techniques that “come from forensic interviewing,” the evidence established her interviews with all of the children clearly do

Hart v. Mayor of Baton Rouge

10 La. Ann. 171 · Supreme Court of Louisiana · Mar 15, 1855

This clearly precludes the idea of the existence of any contract of sale between the parties; the evidence only shows a mere proposal to sell on certain terms of credit, and a refusal to purchase at all. … time an intention to close the bargain offered by the plaintiffs, it must have been with the understanding that the conditions were still the same; and when a credit of five years had been proposed, the acceptance must be qualified

State v. Pizzolotto

209 La. 644 · Supreme Court of Louisiana · Feb 11, 1946

A reading of Articles 34 and 35 clearly shows that an aggravated battery is a battery committed with a dangerous weapon and that a simple battery is a battery committed without a dangerous weapon. … When the case was called for trial and before any evidence was introduced, relator objected to the introduction of any evidence whatsoever which would tend to establish either aggravated battery or simple battery, on the

Le Blanc v. New Amsterdam Casualty Co.

202 La. 857 · Supreme Court of Louisiana · Mar 8, 1943

Furthermore, the plea of inter-spousal immunity, available to the husband in defeating any recovery sought by his wife for injuries sustained by her through his negligent operation of an automobile, is personal to him and … This, is unquestionably a logical deduction which is clearly established by a comparison of the policy without the rider and with it.

In Re Richmond

996 So. 2d 282 · Supreme Court of Louisiana · Dec 2, 2008

The respondent purchased property located at 4809 Eastview Drive, New Orleans, Louisiana in 1996 and shortly thereafter established a residence at that address. … Considering that all of respondent's prior candidacy notices listed the Eastview Drive address as his domicile, the committee found "the switch to Lomond Rd. was clearly made knowingly." [2] As respondent was aware, this

State v. Henry

196 La. 217 · Supreme Court of Louisiana · Nov 4, 1940

Copeland was eligible and qualified to serve as a special prosecutor in this case. … that it was voluntarily made, but it is that it must be sufficient to establish that the making of the statement was voluntary.

State v. Adams

369 So. 2d 1327 · Supreme Court of Louisiana · Apr 9, 1979

The 1974 Louisiana Constitution mandated the legislature "[to] provide for a uniform system for securing and compensating qualified counsel for indigents." La.Const. of 1974, Art. 1, § 13. … By Act No. 653 of 1976, R.S. 15:141-149, the legislature established a state-wide indigent defender system.

State Ex Rel. Ward v. Board of Sup'rs of Elections

186 La. 949 · Supreme Court of Louisiana · Mar 22, 1937

Ward, relator here, qualified as a candidate for the office of Mayor before the Democratic Executive Committee for the City of Alexandria and submitted to the chairman of that committee a list of qualified electors to be … Clearly this case has no application here. Plaintiff in that case claimed that he had been nominated as a candidate for a certain office.

State v. Edwards

232 La. 577 · Supreme Court of Louisiana · Apr 1, 1957

Murphy answered further questions by counsel for defendant that it was his personal opinion that a member of the colored race was his complete equal under and before the law and entitled to ail of the rights, privileges and immunities … “The court is of the opinion that the evidence clearly establishes that at no time after the defendant’s arrest and while he was being interrogated was he subjected to anything of a character to force or induce a confession

Badon's Employment, Inc. v. Smith

359 So. 2d 1284 · Supreme Court of Louisiana · Jun 19, 1978

not engage in any of the following activities or conduct: [10] . . . . . [11] Direct an applicant to an employer for the purpose of obtaining employment without having first obtained a bona fide order therefor; however, a qualified … Civil Code art. 12 , whatever is done in contravention thereof is void. [13] In the present case, the record clearly establishes that plaintiff directed defendant to Dow Chemical Company for the purpose of obtaining employment

Dalton v. Wickliffe

35 La. Ann. 355 · Supreme Court of Louisiana · Mar 15, 1883

That the transfer from Hill to Nibling was inoperative because, although the latter was appointed curator, he never caused an inventory to be made, never qualified by taking oath or giving bond as required by law, which were … We are bound to find his rights, if they exist, in the will and not in an ex parte order of a court. .■ The will is clearly defective in the respects heretofore mentioned.

Turner v. Willis Knighton Medical Center

108 So. 3d 60 · Supreme Court of Louisiana · Dec 4, 2012

The PCF noted that Willis Knighton was a qualified healthcare provider under the provisions of La. … The PCF reserved its right to qualify them upon the receipt of additional information.

State v. Reese

250 La. 151 · Supreme Court of Louisiana · Jan 16, 1967

When this law is applied to the facts in the instant case, it is obvious the statements sought to he excluded under these four bills were clearly not admissible as “dying declarations” of Miss Blades. … This argument is clearly without merit.

State v. Johanson

332 So. 2d 270 · Supreme Court of Louisiana · May 17, 1976

. & K. 130, 10 Clark & F 200, 8 Eng.Rep. 718, 722 (1843), the rule was originally stated as follows: "[T]o establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the … This clearly does not include a defense based on an irresistible impulse.

State v. Edwards

750 So. 2d 893 · Supreme Court of Louisiana · Jul 2, 1999

Inasmuch as a mandatory mistrial was not required and the misconduct occurred during the guilt phase where defendant's identity was clearly established beyond a reasonable doubt, I concur in the decision. … R. at 1842. [8] The assignments of error not discussed in this opinion do not represent reversible error and are governed by clearly established principles of law.

State ex rel. Labauve v. Michel

121 La. 374 · Supreme Court of Louisiana · Apr 18, 1908

Articles 1 and 2 of our Constitution are those which declare that government is established for the good of the people, and that no one shall be deprived of life, liberty, or property without due process of law. … The right of the Legislature to adopt a regulation by which voters not qualifying by party affiliation may be excluded from primaries has been often recognized. Kenneweg v.

Ledoux v. State ex rel. Department of Transportation & Development

719 So. 2d 43 · Supreme Court of Louisiana · Sep 18, 1998

that the finding is clearly wrong (manifestly erroneous). … The reviewing court must review the record in its entirety to determine whether the trial court’s finding was clearly wrong or manifestly erroneous.

State v. Nash

45 La. Ann. 1137 · Supreme Court of Louisiana · Jul 15, 1893

We have now read again and re-read the evidence, and if any fact can be established by human testimony, we can not avoid the conclusion that the testimony in this case clearly establishes that the juror Perry was questioned … Unless the ten witnesses of defendants are wilful and conscious perjurers, the defendant’s case is so clearly established that “ the probatio'n bears no hinge or loop to hang a doubt on.”