Case law

State v. Hollingsworth

160 La. 26 · Supreme Court of Louisiana · Nov 30, 1925

facts as proven, which have not been proven;" but "when the purpose is to lead the mind of the witness to the subject of the inquiry, the examining counsel may recapitulate to the witness the acknowledged facts already established … Hence the bottles and their contents, when identified as having been sold by this defendant, were clearly admissible in evidence herein regardless of what their contents might be.

Succession of Abascal

158 La. 969 · Supreme Court of Louisiana · May 25, 1925

The executor qualified and took possession of the estate, consisting mainly of stocks and bonds contained in a bank box on deposit in the Canal-Commercial Trust Savings Bank, and cash on hand to the credit of the deceased … On the alternative demand of the plaintiff, the clause of the will under discussion is clearly, from its language, not a testamentary disposition. It does not bequeath anything.

State v. Carter

84 So. 3d 499 · Supreme Court of Louisiana · Jan 24, 2012

Because the court’s interview established that defendant clearly had the capacity to understand the proceedings against him and to assist in his defense, and that he demonstrably did, in fact, understand the proceedings against … Thus, the contents of the recording clearly did not constitute a surprise to the defense.

State v. White

244 La. 585 · Supreme Court of Louisiana · May 28, 1963

Such remarks had nothing whatever to do with the nature of the charge and clearly were not an outline of the evidence by which the state expected to prove it. … The objection made then, as well as these bills, is clearly without merit.

State v. Scott

36 L.R.A. 721 · Supreme Court of Louisiana · Jan 18, 1897

If the matter is left in doubt it will be their duty to convict him, for every man must be presumed to be responsible for his own acts until the contrary is clearly shown.” So in Regina vs. Layton, 4 Cox C. … on the ground of *262 insanity,” having created considerable discussion, was brought to the attention of the House of Lords, and the judges were summoned to give their opinions on the question of insane delusions giving immunity

McHugh v. Placid Oil Co.

206 La. 511 · Supreme Court of Louisiana · Jun 26, 1944

In that light, it can be understood why the language of the Act establishing a one year prescription would indicate that it dealt with prosecutions based upon indictments and other presentments, whereas that part establishing … The generalized statement was therefore necessary in order to establish a prescription covering all fines and forfeitures.

Toston v. Pardon

874 So. 2d 791 · Supreme Court of Louisiana · Apr 23, 2004

Bronstadt clearly establishes that the opaqueness of the bridge railing, the dip in the highway before it before it reaches the bridge, and the indication that the stop sign location is inadequate to provide a motorist with … guidance on the optimal stopping location in order to see clearly down Hwy. 2 coalesce to establish an unreasonably dangerous intersection.

Fontenot v. Young

128 La. 20 · Supreme Court of Louisiana · Feb 13, 1911

That the Governor shall appoint five persons to serve as police jurors until their successors shall have been elected and qualified, in 1912, and shall also appoint a register of voters; that the jurors, so appointed, shall … passed, so long as they do not impair the obligations of contracts or devest vested rights, and no one can deny that when such a law is passed by competent authority, and the intention that it shall operate retroactively is clearly

State of Louisiana v. Christopher Cloudie

Supreme Court of Louisiana · Mar 6, 2026

Physicians recognize that medical diagnoses, although not clinically established, may be correct. … She is a highly qualified healthcare provider who diagnosed a patient with child sexual abuse.

Giepert v. Wingerter

531 So. 2d 754 · Supreme Court of Louisiana · Sep 12, 1988

He qualified as a candidate for reelection on July 27, 1988. Two distinct questions are presented for review. … He notes age is not mentioned in the statute establishing the qualifications of New Orleans City Court judges, La.R.S. 13:1873.

St. Charles Land Trust, Achille Guibet v. St. Amant

253 La. 243 · Supreme Court of Louisiana · Dec 16, 1968

The inheritance of intangbile movable property owned by a non-resident is immune from the tax. … It suffices if the instrument as a whole reflects the intent to establish a trust relationship.

McCane v. Barker Baking Co.

152 La. 1075 · Supreme Court of Louisiana · May 8, 1922

of ÍSfew Orleans, where its establishments are located, and where all of its officers and its agent for the service of process reside. … Attachments of the second class are clearly applicable only in cases of absentees or of nonresidents.

State v. Qualls

377 So. 2d 293 · Supreme Court of Louisiana · Nov 12, 1979

Aggravated kidnapping is the doing of any of the following acts with the intent thereby to force the victim, or some other person, to give up anything of apparent present or prospective value, or to grant any advantage or immunity … While it may be that psychiatrists are preferable in some cases, it cannot be said that the experience of these physicians and their acquaintance with the defendant was insufficient to qualify them to make the examination

State v. Crawford

410 So. 2d 1076 · Supreme Court of Louisiana · Mar 1, 1982

The accused bears the burden of establishing by a clear preponderance of the evidence reasonable grounds for the judge to believe that he is mentally defective or was at the time of the offense. … Also, the sentence imposed is within the penalty by statute for the offense and is not clearly excessive in view of the brutal injuries inflicted and lack of any mitigating circumstances.

State v. Ste. Marie

723 So. 2d 407 · Supreme Court of Louisiana · Dec 18, 1998

Our recent decisions in other contexts have made clear that in the absence of clearly expressed legislative intent, this Court will not fashion for particular statutory violations remedies which appear to conflict with the … I, § 13 that the legislature provide for a uniform system for securing qualified counsel for indigent defendants in criminal cases "creates no personal right which individual defendants may exercise.").

Broussard v. Broussard

340 So. 2d 1309 · Supreme Court of Louisiana · Dec 13, 1976

An action for damages resulting from offenses and quasi offenses suffered by a single man is clearly his separate property. La.C.C.P. art. 426; La.C.C. art. 2334. … Alternatively, she argues that the purchase should be construed as a donation, regardless of the failure to comply with the formalities of law, because it qualifies as such under our decision in Primeaux v.

State Ex Rel. Kohler's Snowite Laundry & Cleaners, Inc. v. State Board of Commerce & Industry

205 La. 622 · Supreme Court of Louisiana · Feb 10, 1944

Gardiner, advised : “A plant which is used as a laundry and dry cleaning establishment does not, in our opinion, fall within the definition of a manufacturing establishment set forth in Act 37 of 1938 and we are therefore … Exemptions were also granted, as late as December, 1941, to concerns which clearly did not come within the definition of manufacturing establishments, as contained in the constitutional amendment which became law in December

Deculus v. Welborn

964 So. 2d 930 · Supreme Court of Louisiana · Oct 1, 2007

Clearly, La. R.S. 18:601(B) was enacted specifically to give clarity to the term limits amendment to the Constitution. … All have standing to bring this action as qualified electors in Senate District 14 pursuant to La. R.S. 18:1401(A). [3] La. R.S. 18:1406(C) and La.

State v. Migliore

261 La. 722 · Supreme Court of Louisiana · Mar 27, 1972

If we are required to break the seal then the chain of evidence would be very hard to establish. … He is immune from question or comment on his silence; he cannot be convicted when there is the least fair doubt in the minds of any one of the twelve.

Fontenot v. Patterson Insurance

23 So. 3d 259 · Supreme Court of Louisiana · Dec 11, 2009

It is well settled that an appellate court may not disturb a jury’s finding of fact unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly wrong or manifestly erroneous. … Rather, the record clearly establishes, as properly determined by the jury, that the accident was caused exclusively by driver error. As we have already discussed, Mr.