Case law

State v. Spooner

368 So. 2d 1086 · Supreme Court of Louisiana · Mar 5, 1979

records librarian of the hospital in question" would be the ones who could certify any records so as to qualify them for admission in evidence. … However, R.S. 13:3714, as revised in 1977, establishes one of the limited exceptions to the hearsay rule.

State v. Iles

201 La. 398 · Supreme Court of Louisiana · Jun 29, 1942

The objection clearly went only to the effect of the evidence and not to its admissibility. … In Corpus Juris, vol. 30, Homicide, § 602, page 349, we find: “Where, however, the offense is admitted or clearly established, the court may charge that it is not necessary to prove a motive, and may refuse a request to instruct

La. Household Goods v. La. Public Serv.

762 So. 2d 1081 · Supreme Court of Louisiana · Jun 30, 2000

This court has held, in the context of administrative proceedings, that hearsay evidence can qualify as competent evidence. Chaisson , 97-1225 p. 10, 708 So.2d at 381 . … clearly that its proposed new operation will materially promote the public convenience and necessity.

Louisiana State Bar Association v. Sackett

231 La. 655 · Supreme Court of Louisiana · Jan 21, 1957

Lessovitz, 122 Ohio St. 406 , 171 N.E. 849 , are concerned with factual situations- and legal principles completely foreign to the subject under discussion and clearly have no application here. … All members of the Committee shall continue to serve after the expiration of their respective terms of office, until their respective successors have been duly appointed and qualified.

Domino v. Josephine

233 La. 1014 · Supreme Court of Louisiana · Nov 12, 1957

Plaintiff’s witnesses were all well qualified to testify as to the value of the *1023 property here involved. … The methods of computation used in those cases were clearly proper under their facts.

Benoit v. Turner Industries Group, LLC

85 So. 3d 629 · Supreme Court of Louisiana · Jan 24, 2012

In return, the employer is granted immunity from tort claims. … ‘‘[B]enzene is a known carcinogen and an established cause of AML.” Sutera v. Perrier Group of America, Inc., 986 F.Supp. 655, 659 (D.Mass.1997). Accord, Wademan v.

State v. McQueen

308 So. 2d 752 · Supreme Court of Louisiana · Feb 24, 1975

Williams did not establish a period in which proceedings under R.S. 15:529.1 could be had. It only established a point after which no such proceedings would be allowed. … LSA-R.S. 15:529.1, the Habitual Offender Law, clearly provides that the proceedings can be instituted "at any time, either after conviction or sentence."

Bd. of Dir. of La. Recovery Dist. v. All Taxpayers, Property Owners, and Citizens of State

529 So. 2d 384 · Supreme Court of Louisiana · Jun 24, 1988

Unless the fundamental rights, privileges and immunities of a person are involved, there is a strong presumption that the Legislature in adopting a statute has acted within its constitutional powers. State v. … The earlier constitutions reflected the meaning of the requirement very clearly.

State v. Porter

176 La. 673 · Supreme Court of Louisiana · Jan 30, 1933

The Legislative intent, which clearly appears' was to create a crime of lesser degree than manslaughter. … Wé did not intend to so hold and the opinion clearly shows it.

State v. Watson

449 So. 2d 1321 · Supreme Court of Louisiana · Feb 27, 1984

At the sentencing hearing in defendant's first trial, Father Lundy, a Roman Catholic priest, qualified as an expert in Christian theology. … LSA-C.Cr.P. art. 905.2 clearly permits the sentencing jury to "consider any evidence offered at the trial on the issue of guilt." State v. Jordan, 420 So.2d 420 (La., 1982).

State v. Welch

256 La. 1 · Supreme Court of Louisiana · May 4, 1970

Bailey’s subsequent statement, that the set looked like her set, was clearly admissible. Whether the set, which was later received in evidence, was Mrs. … In the absence of any evidence on the subject, it is impossible to conclude that appellant sustained injury by the court’s ruling, particularly in view of the judge’s qualifying statement that he would permit the witness

Rando v. Anco Insulations Inc.

16 So. 3d 1065 · Supreme Court of Louisiana · May 22, 2009

Likewise, as both Stelly and Roberts establish, although this Court liberally construes the coverage provisions of the workers’ compensation act, it narrowly construes the act’s immunity provisions. … that the finding is clearly wrong (manifestly erroneous).

State v. Executors of McDonogh

8 La. Ann. 171 · Supreme Court of Louisiana · Apr 15, 1853

Those intents and- purposes are fully expressed in subsequent clauses of the will; being thus referred to, they must be considered as embodied in the devising clause, and clearly qualify and limit it. … By the lapse of the legacies to the cities, I am clearly of opinion that he meant their failure to take effect from any cause whatever.

Alonso v. Line

846 So. 2d 745 · Supreme Court of Louisiana · May 20, 2003

Alonso has clearly alleged that he committed legal malpractice through an "omission," e.g. failure to file suit, in this state. … We note that Line, and not his law firm, was hired by plaintiff, that no service was made on the law firm other than under the long-arm statute, and that plaintiff has not established sufficient minimum contacts with the

Succession of Simms

250 La. 177 · Supreme Court of Louisiana · Nov 7, 1966

This exception is clearly without merit. Counsel overlook the fact that even though Mrs. … Finally, there is clearly no merit to the contention urged in the application for a writ filed by Dr. Benjamin F.

Emmer v. Rector

175 La. 82 · Supreme Court of Louisiana · May 23, 1932

Jacob Emmer, Jr., died in 1910, and his widow qualified as natural tutrix of their children. … Pine Belt Oil Co. is clearly an error. That case is reported in 143 La. at page 879 and not page 982.

State ex rel. Bezou v. Judge of the Civil District Court

50 La. Ann. 655 · Supreme Court of Louisiana · Jun 28, 1898

We have grave doubts, considered in prospectu — i. e.. as relates to those who will hereafter qualify and fill the office under the existing Constitution — as to the intention of the Convention to make it (the recorder’s … Had it been the intention of the Convention that it should have a retrospective effect, the words employed would clearly show the purpose of promoting those in office as recorders to a constitutional office.

State v. Richmond

278 So. 2d 17 · Supreme Court of Louisiana · May 7, 1973

The burden is upon the defendant to establish that he cannot obtain a fair trial in the parish where the prosecution is pending. State v. Curry, 262 La. 280 , 263 So.2d 36 (1972); State v. … Landers qualified to serve as a juror. La.C.Cr.P.

Copeland Enterprises, Inc. v. Slidell Memorial Hosp.

657 So. 2d 1292 · Supreme Court of Louisiana · Jun 30, 1995

Although the obligor's consent is not required for subrogation by the obligee, the obligee's intention to subrogate must be clearly indicated. … The author of this concurrence dissented from this conclusion in that case because in his opinion, La.R.S. 22:657 clearly regulated the business of insurance.

Cyprien v. BD. OF SUP'RS EX REL. U. OF LA.

5 So. 3d 862 · Supreme Court of Louisiana · Jan 21, 2009

Cyprien's employment was because "he had not received a degree from an accredited four year institution, [and therefore] Cyprien failed to qualify for the position he was initially hired to fill." … Cyprien clearly knew or should have known that his academic qualifications were an important factor in ULL's decision to hire him.