Case law

State v. McCoy

395 So. 2d 319 · Supreme Court of Louisiana · Nov 10, 1980

Nevertheless, the constitutionally deficient provisions of Section B are clearly severable. [6] While the language of Section B effects an unconstitutional shift of burden of proof, the remainder of the statute is valid, … Crosby, 338 So.2d 584 (La.1976), the court recognized the discretion of the trial court to accept a qualified guilty plea reserving the right to seek review of specified pre-plea rulings of the trial court.

State v. Wilson

240 La. 1087 · Supreme Court of Louisiana · Feb 15, 1961

returning such qualified verdict. … Clearly, under those circumstances the defendant's conviction was not in accordance with law.

Morrison v. New Hampshire Insurance Company

249 La. 546 · Supreme Court of Louisiana · Jun 6, 1966

The Court of Appeal has clearly stated the facts leading to the institution of the instant proceeding as follows: “Defendant is a New Hampshire corporation authorized to write fire policies *551 in Mississippi; Giadrosich … Those restrictions are more than a guarantee of' immunity from inconvenient or distant litigation. They are a consequence of' territorial limitations on the power of' the respective States.

Liter v. City of Baton Rouge

258 La. 175 · Supreme Court of Louisiana · Feb 24, 1971

expropriate land for this purpose, to establish ferries and public schools, in addition to the furnishing of innumerable day-to-day services (such as fire and police protection). … Clearly, it has no application here. Our decision in Police Jury v. Stafford, supra, was rendered in 1911.

State v. Brown

288 So. 2d 339 · Supreme Court of Louisiana · Jan 14, 1974

The defendant argues that LSA-R.S. 42:283-285 and LSA-R.S. 44:1 clearly show that these documents are public records, and that the denial of access to these records substantially deprived him of his right to prepare his defense … Lewis, supra, held that it was reversible error not to allow questioning of an accomplice, who had testified for the state, to determine *346 whether he had been promised immunity or leniency.

LAGC v. LA Dept. of Agr. and Forestry

924 So. 2d 90 · Supreme Court of Louisiana · Feb 22, 2006

While this statute alone would not be enough to qualify as an express exemption from the Public Bid Law, given the language found in the LAFA act, specifically La. … LAFA is "created within the Department" and "established within the Department," [16] and is unquestionably part of the Department.

Berry v. Bass

157 La. 81 · Supreme Court of Louisiana · Nov 3, 1924

Peyroux, 37 La. 477 , this court said: “The rule, as settled in our jurisprudence, is that in order to claim immunity for errors growing out of his official acts and judicial functions, a justice of the peace múst not only … ‘If their judgment is wrong, yet their heart and intention pure, God forbid that they should be punished;’ and he declared ‘that he should always lean towards favoring them unless partiality, corruption or malice shall clearly

State v. Loyd

489 So. 2d 898 · Supreme Court of Louisiana · Aug 15, 1986

These photographs, though graphic, were clearly relevant to the state's argument that the murder was committed in an atrocious or cruel manner. … The evidence clearly supports at least one aggravating circumstance. The defendant's first trial and conviction established that the offender was engaged in an aggravated rape or kidnapping.

Cole v. Richmond

156 La. 262 · Supreme Court of Louisiana · Mar 10, 1924

As to this property, plaintiffs are clearly without any right of recovery. As Mrs. Mary L. … The evidence fails to establish, in our opinion, that Dr. Scott was connected in any way with any agreement between the tutor and Mrs.

State v. Hammons

597 So. 2d 990 · Supreme Court of Louisiana · Apr 20, 1992

Moreover, the trial judge did not find that the evidence failed to qualify as newly discovered or that the defense failed to exercise due diligence in discovering the evidence. … We conclude that these circumstances, independent from Stanford's statements themselves, tend to establish matters asserted by the statements and clearly indicate the trustworthiness of the statements.

Dundas v. Erwin

6 La. Ann. 185 · Supreme Court of Louisiana · Feb 15, 1851

EruAn, administrator of Henry Hitchcock, deceased, regularly qualified as such to pay all rents due to the estate of H. … It therefore clearly included what the tenants paid to the Erwins.

JEFFERSON PAR. SCH. BD. v. Jefferson Par. Dem. Ex. Com.

246 La. 51 · Supreme Court of Louisiana · Apr 17, 1964

A councilmanic form of government has now been established. Act 431 of 1958 specifically repealed LSA-R.S. 17:60. … in the following form: "FOR the establishment of a ten member school board in the Parish of Jefferson "and also: "AGAINST the establishment of a ten member school board in the Parish of Jefferson "The results of said referendum

Soye v. Price

30 La. Ann. 93 · Supreme Court of Louisiana · Jan 15, 1878

Nairne caused an inventory of his deceased wife’s estate to be made and qualified as natural tutor of his two minor children. … The well established jurisprudence under Arts. 65 and 66 of the Code of Practice confirms us in these views.

State v. Morris

397 So. 2d 1237 · Supreme Court of Louisiana · Apr 6, 1981

Even after repeated attempts by the trial judge to rehabilitate the prospective juror in this case, the juror clearly expressed his feeling that he would hold the State to a higher burden of proof. … the wounds, and to establish the victim's identity.

State v. Dick

362 So. 2d 547 · Supreme Court of Louisiana · Sep 5, 1978

Defendant's qualified plea of guilty was accepted by the trial judge. … In the instant case, the record clearly establishes that the identity of the informer was known to defense counsel and in fact had been disclosed to him by the informer himself, i. e., Arcemont.

State ex rel. L.C.B.

805 So. 2d 159 · Supreme Court of Louisiana · Jan 15, 2002

The court was particularly concerned that school was about to start and wanted L.C.B. established in his placement prior to the beginning of the school year. … C. could qualify as an adoptive parent in light of his desire to adopt L.C.B. and that it had decided that L.C.B. would remain with Mr. C. until the agency could determine whether Mr.

Reichert v. State, Dept. of Transp. and Development

694 So. 2d 193 · Supreme Court of Louisiana · May 20, 1997

The extent to which certain documents are discoverable or admissible is clearly a procedural right. … This witness was not qualified as an expert in highway design, construction and maintenance.

State v. Cross Lake Shooting & Fishing Club

123 La. 208 · Supreme Court of Louisiana · Mar 1, 1909

No language could convey that idea more clearly, and the language used is rounded with a period. … So far as the tax lands are concerned, the reason for thus qualifying the grant is obvious enough.

Sledge v. McGlathery

324 So. 2d 354 · Supreme Court of Louisiana · Dec 8, 1975

While a Mayors' court may not be a court of record, it is a court established by our Constitution and has, at the very least, the power of a sovereign to imprison. … Webb, supra , where defendant Wilson was serving a sentence imposed by the Mayor under the Logansport Criminal Code. [8] Article 931 of the Code of Criminal Procedure states that "[e]xcept where the context clearly indicates

Barnes v. Gaines

5 Rob. 314 · Supreme Court of Louisiana · Jul 15, 1843

Gaines, said and acknowledged, that he had possession of the property, which he qualified as a conservative or provisional possession. … It seems to us, that the principles established in the case of Ellis v.