Case law

State v. Joseph

524 So. 2d 273 · Louisiana Court of Appeal · Apr 18, 1988

His criminal background and an open and prolonged resistance to authority qualify him for the 12-year sentence. The trial judge clearly articulated his reasons for finding Joseph deserving of the maximum term. … LSA-C.Cr.P. art. 162 reads: “A search warrant may issue only upon probable cause established to the satisfaction of the judge, by the affidavit of a credible person, reciting facts establishing the cause for issuance of the

Livingston Parish School Board v. Lofton

422 So. 2d 1357 · Louisiana Court of Appeal · Nov 16, 1982

A review of the record establishes a clear and continuing violation of Section 221. Nevertheless, we dismiss the appeal. The statute, we hold, contemplates two methods of enforcement. … The first is clearly penal in nature, is to be conducted in the name of the state and is to be conducted by the district attorney.

State v. Abbott Automobile Co.

6 Pelt. 71 · Louisiana Court of Appeal · May 15, 1923

used in the foregoing section of the law clearly provides that the license tax shall be based on the annual receipts, etc., for the year for which the license is granted. … The word "standard" found in Section 32 is not preceded by any qualifying adjective nor should any be supplied by judicial interpretation. *75 May 1923.

State v. LeBlanc

618 So. 2d 949 · Louisiana Court of Appeal · Apr 23, 1993

However, the defendant did not object to the state's failure to qualify the witness as an expert or the witness's ability to give his opinion. … Clearly, this initial showing is obviated by the holding in Powers v. Ohio . See State v.

Turner v. Illinois Central Railroad

230 So. 2d 753 · Louisiana Court of Appeal · Jan 6, 1970

Medical testimony established that decedent had been treated for epilepsy for many years prior to the date of the accident. … Although the evidence does not clearly establish the distance it took the train to stop, the testimony of the crew members was that the three engines and twelve freight cars passed the point of impact before stopping after

Mire v. EatelCorp, Inc.

849 So. 2d 608 · Louisiana Court of Appeal · May 9, 2003

The initial burden to establish these elements is on the party seeking to maintain the class action. Conclusory allegations of the pleadings alone are insufficient to establish the existence of a class. Singleton v. … This is clearly the case here. The record indicates that there are roughly 18,000 known claimants.

Gunn v. Robertson

801 So. 2d 555 · Louisiana Court of Appeal · Nov 14, 2001

Before an appellate court can disturb the quantum of an award, the record must clearly reveal that the jury abused its discretion. … An award for past lost earnings requires evidence as reasonably establishes the claim, which may consist of the plaintiff's own testimony.

State v. Turner

0 La.App. 1 Cir. 0630 · Louisiana Court of Appeal · Dec 22, 2000

The nature of the offense and the penalties for this and future offenses were also clearly explained. … Defendant argues that Blades is not qualified to make that observation because he had only personally performed field sobriety tests approximately five times.

Larriviere v. Howard

771 So. 2d 747 · Louisiana Court of Appeal · Oct 11, 2000

In the alternative, DPSC asserts that even if the privilege is qualified rather than absolute, the trial court should have examined the documents in camera. … Even if we assume that the act applies, La.R.S. 44:4(3) clearly precludes applicability of the privilege to this case.

State v. Gibson

460 So. 2d 689 · Louisiana Court of Appeal · Nov 20, 1984

The standard established by La.C.Cr.P. art. 821 is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond … The testimony clearly indicates that defendant and the other inmate intended to escape from the prison by hiding in the truck while the warden drove out the front gate.

Bishop v. Shaw

978 So. 2d 568 · Louisiana Court of Appeal · Mar 12, 2008

DISCUSSION Our review of the factual findings in this case is governed by the manifest error/clearly wrong standard of review. … The court found that the plaintiff failed to present a qualified witness to establish the business records exception.

Standard Fire Insurance v. Mapes

408 So. 2d 456 · Louisiana Court of Appeal · Dec 22, 1981

There is no doubt that plaintiff established by a preponderance of the evidence that the apartment fire spread from the fireplace area. … Concluding that Mapes was not negligent was not clearly wrong. For the foregoing reasons, the judgment of the trial court is affirmed. Costs of 'this appeal are assessed against plaintiff-appellant. AFFIRMED. .

Cunningham v. Hall

148 So. 2d 808 · Louisiana Court of Appeal · Jan 7, 1963

The only logical conclusion to be drawn is that the subdivider did not intend to apply this particular section to the character of the occupancy of the residence, otherwise he would have further qualified it by the use of … After establishing the front and side-yard setback lines, the subdivider then used the term “only one dwelling house” is to be constructed on each building site.

Barnett v. La. Med. Mut. Ins. Co.

248 So. 3d 594 · Louisiana Court of Appeal · May 23, 2018

. *596 Plaintiffs, approximately 243 persons (divided into two groups of claimants) who have settled their medical malpractice claims against a qualified health care provider, his insurer, LAMMICO, and the Patients' Compensation … A compromise settles only those differences that the parties clearly intended to settle, including the necessary consequences of what they express. La. C.C. art. 3076.

Chapman v. Travelers Insurance Co.

250 So. 2d 248 · Louisiana Court of Appeal · Feb 4, 1971

state have taken this to mean that, “A worker will be regarded as totally disabled if he is unable to do work reasonably of the same kind and character as that which his training, education, experience, and status in life qualify … The testimony of plaintiff, as well as that of his wife, his brother, and his landlord, all of which stated that they heard plaintiff’s complaints and saw the swelling in his ankle, clearly establishes that plaintiff cannot

In Re Succession of Smith

9 La.App. 3 Cir. 969 · Louisiana Court of Appeal · Feb 3, 2010

to establish paternity or filiation; a prerequisite action necessary before Ms. … Thibodeaux [the alleged biological daughter of the deceased] can qualify as an heir.” Id. at 125.

Hunter v. JINDAL

20 So. 3d 592 · Louisiana Court of Appeal · Oct 13, 2009

Because the qualified signatories exceeded 33⅜ percent of the qualified voters, the Governor issued a proclamation on July 10, 2009, ordering a special election to be held on Saturday, October 17, 2009, for the recall of … Although the appellant argues that the applicable delay should not commence until such time as a party knows or should know facts that show 19the commission of fraud or ill practices, the statute clearly specifies that the

Succession of Elrod v. Elrod

218 So. 2d 83 · Louisiana Court of Appeal · Jan 6, 1969

This, we think, is so clearly established as to admit of little or no doubt. … An attempt to obtain his testimony by answer to interrogatories submitted by the plaintiffs was met with a plea of diplomatic immunity. In support of their charge of simulation, plaintiffs offered the testimony of Mrs.

Augillard v. Barney

904 So. 2d 751 · Louisiana Court of Appeal · May 4, 2005

He emphasized that Barney had mistakenly represented on his candidacy form that he voted in the senatorial district for which he was qualifying, when in fact he did not. … These factors clearly establish that for that period at least his domicile was on Morrison Road. It is equally clear that he established another residence on DeMontluzin Street in 2003 as the trial judge found.

Gisclair v. Cajun Trucking, Inc.

421 So. 2d 339 · Louisiana Court of Appeal · Oct 12, 1982

The warranty that applies to the sale of used equipment must also be qualified by the conditions under which the equipment is used. … In view of the evidence of record, these determinations by the trial judge were not clearly wrong. Deason v. Mobil Oil Corp., 407 So.2d 486 (La.App. 1st Cir.1981); Arceneaux v. Domingue, 365 So.2d 1330 (La.1978).