Case law

State v. Hair

784 So. 2d 1269 · Supreme Court of Louisiana · May 15, 2001

A statute *1274 is presumed to be constitutional, and the burden of clearly establishing unconstitutionality rests upon the party who attacks the statute. Id., State v. Newton, 328 So.2d 110, 117 (La.1975). … Furthermore, La.Rev.Stat. 2057 clearly provides that "No person shall...

State v. Kifer

186 La. 674 · Supreme Court of Louisiana · Mar 1, 1937

Yet narrow as it is, it is one that the statute has clearly provided against his enjoying. … intended that that course should be pursued, not at the discretion of the commissioners or the clerk or the judge, but as a duty imposed upon public officials, participating, as parts, in the operation of the machinery established

In Re Liquidation of Canal Bank & Trust Co.

185 La. 34 · Supreme Court of Louisiana · Apr 27, 1936

.-57, as trustee’s commissions on income collected by it during its tenure as executor and before it qualified as trustee; that the trustee was sent into possession as such by judgment in the succession proceedings and took … In the Succession of Spyker, 159 So. 347, 351 , the Court of Appeal reviewed the jurisprudence and concluded: , “However, a reference to the foregoing quotations will show it to be clearly established that a judgment homologating

State v. Frentz

354 So. 2d 1007 · Supreme Court of Louisiana · Jan 30, 1978

The ruling admitting the police officer's testimony was clearly erroneous. … Before being permitted to testify, the reputation-witness must be shown to be qualified to testify on the subject as a member of the community in a position to speak with authority on the subject.

Cynthia Bridges, Sec., Dept. of Rev., State of Louisiana v. Nelson Industrial Steam Co. C/W Nelson Industrial Steam Co. v. Calcasieu Parish School System Sales and Use Tax Dept. C/W Cynthia Bridges, Sec., Dept. of Rev., State of Louisiana v. Nelson Industrial Steam Co. C/W Nelson Industrial Steam Co. v. Calcasieu Parish School System Sales and Use Tax Dept.

190 So. 3d 276 · Supreme Court of Louisiana · May 3, 2016

Clearly, limestone was not purchased for the purpose of being incorporated into the end products–electricity and steam. However, since La. … R.S. 47:301(10)(c)(i)(aa) does not preclude a byproduct from qualifying as an “article[] of tangible personal property,” and the International Paper test does not preclude a byproduct from qualifying as an “end product[].

Stelluto v. Stelluto

914 So. 2d 34 · Supreme Court of Louisiana · Jun 29, 2005

Although Louisiana does not qualify to exercise "home state" jurisdiction, Louisiana nevertheless may possess jurisdiction to determine Anna's custody under the UCCJL on the basis of a "significant connection." … Moreover, as further found by the Louisiana Legislature, "breast milk provides better nutrition and more immunity to disease, is easier for babies to digest, and may raise a baby's intelligence quotient." LA.REV.STAT.

State v. Wingo

457 So. 2d 1159 · Supreme Court of Louisiana · Oct 15, 1984

Sufficiency of the Evidence (Assignment of Error No. 48) The evidence clearly established an aggravated burglary, an armed robbery, and two specifically intended killings during the course of those aggravated felonies. … As discussed earlier, the evidence clearly establishes the commission of an armed robbery and an aggravated burglary. [13] The evidence also clearly proved that defendant knowingly created a risk of death to more than one

Smith v. Holt

223 La. 821 · Supreme Court of Louisiana · Jul 3, 1953

Counsel asserts that Order 96 of the Conservation Commission is nothing more than a general spacing order for the whole area and that its provisions, which follow the language of Section 9(a) of Act 157 of 1940, clearly' … Murphy, Jr., alone could qualify as “owners,” they being “the person who has the right to drill into and to produce from any pool, and to appropriate the production either for himself or for others.”

State v. Ward

483 So. 2d 578 · Supreme Court of Louisiana · Jan 23, 1986

Clearly, then, the defendant could not have prevented the wife from testifying. … As stated before, the evidence clearly established the existence of an aggravating circumstance, namely, the infliction of death or great bodily harm upon more than one person. C.Cr.P. 905.4(d).

McHenry v. Ouachita Parish School Board

169 La. 646 · Supreme Court of Louisiana · Dec 2, 1929

On the same date, another ordinance was adopted by the school board ordering a special election to be held in Ouachita parish junior college district, for the purpose of submitting to the qualified electors of that district … Junior Colleges within said districts,” etc., is an act of the Legislature clearly intended to carry out the provisions of section 2 of article 12, to co-ordinate the elementary and secondary schools and the higher educational

Bridges v. Autozone Properties, Inc.

900 So. 2d 784 · Supreme Court of Louisiana · May 13, 2005

Further, Properties is not qualified to do business in Louisiana and conducts no business activities here. … And the privilege of receiving dividends derived from corporate activities within the state can have no greater immunity than the privilege of receiving any other income from sources located there.

Levy v. Ward

33 La. Ann. 1033 · Supreme Court of Louisiana · Jun 15, 1881

Years after his death, viz: in 1868, his widow, who had qualified us tutrix of their minor children, became indebted to them, and, at the time of settlement with them, gave them in payment of their claim against her, her … established, and that the plaintiff is. entitled to have it corrected.

Cole v. Department of Public Safety

825 So. 2d 1134 · Supreme Court of Louisiana · Sep 4, 2002

them cannot be manifestly erroneous or clearly wrong." … that the finding is clearly wrong (manifestly erroneous).

Wolf v. Louisiana State Racing Com'n

545 So. 2d 976 · Supreme Court of Louisiana · Jun 19, 1989

In accord with this plan to immunize itself from tort liability, the Fair Grounds has refused since 1986 to allow any jockey who will not sign the agreement to race at its track. … State Racing Commission Rules of Racing, 46:701, et seq., clearly fall within the definition of permittees.

Succession of Reilly v. American Bonding Co.

138 La. 315 · Supreme Court of Louisiana · Nov 2, 1915

On the brief filed on behalf of the defendant in this court, it is admitted that the evidence establishes that the item of $3,784.99 came into the hands of Woulfe while acting as dative testamentary executor, and that the … “With regard to the moneys which the principal had received, before the dáte of the bond sued on, of course the defendant is clearly not liable. There is no evidence that any money came into his hands after that time.”

State v. Perkins

211 La. 993 · Supreme Court of Louisiana · May 26, 1947

Article 172 of the Code of Criminal Procedure does not require that a person be a registered voter in order to qualify for jury service. … This has been a long established custom and we do not find anything objectionable in the practice. Literate negroes are given the same right as white men to register as voters.

State v. McSpaddin

341 So. 2d 868 · Supreme Court of Louisiana · Jan 24, 1977

His factual determinations are entitled to great weight and will not be disturbed on review unless clearly contrary to the evidence. State v. White, 329 So.2d 738 (La.1976); State v. … At the hearing on the motion to suppress the confessions, the defense attempted to qualify Dr. Richard Strobock as an expert in the field of psychiatry.

Succession of Glover

43 La. Ann. 458 · Supreme Court of Louisiana · Apr 15, 1891

The testamentary executor qualified on the 2d day of August, 1888. … Their orders should be followed except when clearly illegal.

State v. Welsh

371 So. 2d 1314 · Supreme Court of Louisiana · Jun 26, 1979

Thus, some showing that the informant did not possess illusions of immunity might well be essential." 403 U.S. at 595 , 91 S.Ct. at 2087 , 29 L.Ed.2d at 740 . … Without it the other circumstances clearly do not establish her credibility.

Gautreaux v. Harang

190 La. 1060 · Supreme Court of Louisiana · Jul 7, 1938

Therefore, the alleged lack of an essential element of an antichresis as authorized by the Civil Code, i. e., the nature of a definite debt, rate of interest and maturity, was clearly present and, as it was expressed in writing … antichresis and not a sale by using the language contained in the contested paragraph, which had the effect of limiting or modifying the usual result of parties signing a cash form of sale without any such restrictive or qualifying