Case law

State v. Schmidt

771 So. 2d 131 · Louisiana Court of Appeal · Jul 26, 2000

Defendant implied that Bryan informed one of his attorneys that she would not testify unless the State granted her immunity from prosecution. … Clearly, the trial court carefully considered the sentence for some time before pronouncing it.

Felice v. Valleylab, Inc.

520 So. 2d 920 · Louisiana Court of Appeal · Nov 4, 1987

Knapp, complaining that these witnesses were not properly qualified to offer their opinion testimony as to how the injury occurred. We disagree. Dr. … It also follows that in our appellate review of the facts found by the jury and the facts found by the trial judge the applicable rule will be the well established test of whether the trier of fact was clearly wrong."

State v. Mays

612 So. 2d 1040 · Louisiana Court of Appeal · Jan 20, 1993

The testimony established that about one minute passed between the shooting and Grant's question to the defendant. … The evidence in the record, viewed in the light most favorable to the prosecution, clearly establishes the defendant's guilt beyond a reasonable doubt. Consequently, this assignment of error has no merit.

State v. Romero

533 So. 2d 1264 · Louisiana Court of Appeal · Nov 9, 1988

Assignments 5 & 6 Defendants contend the trial court erred in qualifying Henry Rothschild, M.D., as an expert witness in general medicine and in permitting Dr. … A witness qualified as an expert in general medicine expressed his opinion, based on records seized from defendants' offices, that the office visits noted in the records were too cursory to qualify as comprehensive.

Harrison v. Smith

2002 La.App. 5 Cir. 477 · Louisiana Court of Appeal · Nov 26, 2002

Such rights clearly include the statutory admission. This assignment of error is without merit. … The PCF argues that the Harrisons were clearly aware of the significance of their refusal to accept a blood transfusion, and urges that this was victim fault and the direct cause of Mrs. Harrison’s death.

Bolton v. Louisiana St. U. Med. Center

601 So. 2d 677 · Louisiana Court of Appeal · May 13, 1992

Kottle qualifies as a fellow of the prestigious American College of Physicians. … Quite clearly, then, we cannot say that the trial court erred in favoring his opinion.

State of Louisiana v. Louisiana Land & Exploration, Co.

Louisiana Court of Appeal · May 6, 2020

There is, however, jurisprudence that indicates Congress’ Act granting school lands to the State of Louisiana would qualify as a formal dedication under Louisiana Law. In Cenac v. … It is also in line with established jurisprudence that the state must be included as a party in order for claims to be held immune from prescription on property it owns, because we find above that school boards are acting

Hercules Offshore, Inc. v. Lafayette Parish School Board, Sales & Use Tax Dept.

14 La.App. 3 Cir. 701 · Louisiana Court of Appeal · Feb 11, 2015

The appellate court must find from the record (1) that a reasonable factual basis does not exist for the finding of the trial court and (2) that the record establishes *1180 that the finding is clearly wrong (manifestly erroneous … The defendants admit that the plaintiff answered discovery on September 1, 2009, which they assert was the last date of activity that qualifies as a step in the litigation under Article 561.

Funchess v. Lindsey

133 So. 2d 357 · Louisiana Court of Appeal · Aug 7, 1961

that the officer may be removed’ without notice or hearing. “ ‘ “But on the other hand, where the appointment or election is made for a definite term or during good behavior, and the removal is to be for cause, it is now clearly … establishes [sic] by the great weight of authority that the power of removal can not, except by clear statutory authority, be exercised without notice and hearing, but that the existence of the cause, for which the power

LAFAYETTE CITY-PARISH CONS. GOV. v. Francis

934 So. 2d 258 · Louisiana Court of Appeal · Jun 28, 2006

Demotion to a position the subject employee is qualified to perform C. Suspension without pay not to exceed 30 days in a calendar year D. Temporary reduction in pay of 5% not to exceed five (5) pay periods E. … The member of the Board who made the initial motion which died for lack of a second clearly found the punishment to be too severe.

State v. Jones

593 So. 2d 1301 · Louisiana Court of Appeal · Dec 27, 1991

He also testified he previously had qualified as an expert in federal and state courts. … Clearly, this initial showing is obviated by the holding in Powers v. Ohio .

Mount Zion Missionary Baptist Church v. Jones

11 La.App. 3 Cir. 0961 · Louisiana Court of Appeal · Feb 1, 2012

The evidentiary record before us establishes that Mount Zion Baptist Church, Incorporated, is a Louisiana nonprofit corporation chartered on June 26, 1928. … powers of this corporation shall be vested in a Board of Trustees comprised of seven persons ... who shall be elected annually by the members of the corporation, and who shall serve until their successors are elected and qualified

Lestage v. Harris

261 So. 3d 12 · Louisiana Court of Appeal · Nov 8, 2018

The City Charter of the City of DeRidder clearly establishes a continuing obligation on a council member at-large to maintain his domicile in, and actually reside in, the City of DeRidder. Although Mr. … Further, a change in domicile for the purposes of qualifying for public office occurs when there is a change in actual residence accompanied by an intention to make a new principal establishment or home.

Ponder v. Fussell

180 So. 2d 413 · Louisiana Court of Appeal · Nov 16, 1965

Our learned colleague below was of the opinion the encroachment of the residence on only a portion of defendant's lot would not suffice to qualify as a boundary between the two estates. … On this ground he concluded plaintiff failed to establish the essential requirement of possession to a "visible boundary" as required by Sessum v.

State v. Batiste

246 So. 3d 52 · Louisiana Court of Appeal · May 9, 2018

After Gurganus was given testimonial immunity, he provided unresponsive answers to the prosecutor, when asked questions about his police statement. … It appears that Gurganus' statement qualifies under the declaration against penal interest exception to the hearsay rule making the statement admissible.

Clakeley v. Ochsner Foundation Hosp.

478 So. 2d 1335 · Louisiana Court of Appeal · Nov 12, 1985

Furthermore, the injury need not be immediately revealed by objective symptoms at the time of the injury though they are clearly covered by the act, Wheat v. … Those findings are not *1339 clearly wrong, Arceneaux, supra ; Canter, supra . Dr.

Philmon v. Philmon

4 La.App. 3 Cir. 673 · Louisiana Court of Appeal · Nov 10, 2004

LAW AND ANALYSIS Findings of the trial court are reviewable on appeal, and the third circuit’s requisite standard of review has been clearly established. … Nevertheless, it is well established that a co-owner need not pay rent to another co-owner for his exclusive use of the co-owned property. McCarroll v.

State Ex Rel. Dlr

986 So. 2d 76 · Louisiana Court of Appeal · Apr 30, 2008

Butler, T.W.J. clearly loved her child and professed a willingness to do whatever was required of her to win back D.R.'s custody. In fact, Ms. … Buxton did not state that T.W.J. could not be trained to be the primary care giver in the future, only that she was not, at the time of trial, qualified to perform those obligations.

Palermo v. Audubon Insurance Co.

689 So. 2d 589 · Louisiana Court of Appeal · Feb 5, 1997

the finding of the trial court, and (2) The appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous). … In addition, in clear and unambiguous language, the policy indicates who qualifies as an insured under the policy. The following definitions contained in the policy are relevant to our analysis: 3.

Marino v. Waters

220 So. 2d 802 · Louisiana Court of Appeal · Mar 10, 1969

the participation in interscholastic athletics is not a property right at all, but is a privilege which the school, or a voluntary association whose rules a school agrees to follow, may withdraw if the student fails to qualify … But it is clearly not arbitrary for a school, or an association of schools, to establish rules based on rational reasons and to apply these rules uniformly.