Case law

State v. Phillips

806 So. 2d 964 · Louisiana Court of Appeal · Jan 23, 2002

The state may establish the possession element of the offense by proving actual or constructive possession of the weapon. State v. Day, 410 So.2d 741 (La. 1982). … Both of these offenses qualify as enumerated felonies under La. R.S. 14:95.1. [4] With Brian's testimony showing how Phillips came into possession of the gun, we distinguish the case from the facts of both State v.

Kozlowicz v. State, Department of Public Safety & Corrections

2008 La.App. 1 Cir. 1806 · Louisiana Court of Appeal · Mar 27, 2009

A qualified Headquarters staff member has closely reviewed your ARP to determine the validity of your claims, to assess this particular situation, and to issue a fair response. … Because of these rules of construction, the party attacking the act must establish clearly and convincingly that the constitutional aim was to deny the legislature the power to enact the statute. Polk, supra.

Wright Root Beer Co. of Baton Rouge, Inc. v. Fowler Products Co.

196 So. 2d 615 · Louisiana Court of Appeal · Mar 13, 1967

The jurisprudence is well settled that one entitled to recovery must make and establish his claim to a legal certainty. … Plaintiff is clearly responsible for the sterilization of its machine prior to putting it in service of bottling drinks for human consumption.

State v. Jackson

820 So. 2d 1147 · Louisiana Court of Appeal · May 29, 2002

FACTS: At the suppression hearing Sergeant Bruce Harrison of the Jefferson Parish Sheriff's Office was qualified as an expert in narcotics. … The trial court's decision to deny a Motion to Suppress is afforded great weight and will not be set aside unless the preponderance of the evidence clearly favors suppression. State v.

Berard v. St. Martin Parish Government

13 La.App. 3 Cir. 114 · Louisiana Court of Appeal · Jun 5, 2013

The record clearly established that St. Martin Parish had a lawful “maintenance” servitude on the drainage channel in question. … Again, this finding is legally and factually incorrect as it was clearly established at trial that St.

State v. Brown

2013 La.App. 4 Cir. 0268 · Louisiana Court of Appeal · Jul 24, 2013

The district court qualified her as an expert in child abuse pediatrics. On October 19, 2010, the victims were brought to the Center for forensic evaluations. … After finding the evidence lacking, the Third Circuit turned to whether the evidence was sufficient to establish the offense of attempted cruelty to a juvenile. Concluding that Ms.

Whitten Foundation v. Granger

950 So. 2d 720 · Louisiana Court of Appeal · Nov 3, 2006

In addition, it is well established that exemptions from taxation are strictly construed against the taxpayer claiming the benefit thereof and must be clearly, unequivocally, and affirmatively established by the taxpayer. … It was clearly established from the decisions of the earlier tribunals that the portions of the office building leased for commercial purposes were leased for purposes unrelated to the non-profit organization's tax exempt

Robert v. Robert

93 So. 3d 637 · Louisiana Court of Appeal · Apr 11, 2012

Although appellant did not meet her burden of proof of establishing the exact amount of community funds used to defray Mr. … From the record before us, we cannot find fault with this award, which is not clearly wrong. Mrs.

Williams v. Tri-State Physical Therapy Inc.

850 So. 2d 991 · Louisiana Court of Appeal · Jun 25, 2003

We find the trial court was manifestly in error and clearly wrong in sustaining the exception and thus, we reverse the *993 judgment of the trial court and remand for further proceedings. … Billy received notification from the PCF dated July 30, 1999 that Tri-State was not a qualified health care provider and Billy received notification from the PCF dated, September 8, 1999, that Barnes was not a qualified health

State v. Willis

843 So. 2d 592 · Louisiana Court of Appeal · Apr 9, 2003

At trial, Deputy Murad identified the evidence collected and was qualified as an expert in the manner in which illegal drugs are handled. … Defendant's actual possession was established by the testimony of Corey Cooper, who stated that the marijuana belonged to defendant.

Salavarria v. National Car Rental System, Inc.

705 So. 2d 809 · Louisiana Court of Appeal · Jan 21, 1998

or provide immunity from suit are `rules of loss distribution and financial protection.' " Relator's derivative liability is a question of "loss distribution and financial protection." … Clearly Florida has no such policies or concerns, and any attempt by Florida to enact extra-territorial laws to effectuate such policies would represent an unconstitutional overreaching, and are obviously not the policies

Stumpf v. Metairie Motor Sales, Inc.

212 So. 2d 705 · Louisiana Court of Appeal · Jul 15, 1968

Mayer was identified as a service manager for another automobile agency and qualified as an expert in automobile mechanics. He and Mr. … LSA-C.C. art. 2530 establishes a presumption that the vice in the thing existed before the sale if it becomes manifest within three days.

James D. Madden and Lyda Roberts Madden v. Mary Elizabeth Chumley, In Her Capacity as of the Succession of Johnye Mae Madden

Louisiana Court of Appeal · Sep 25, 2019

Smith was qualified as an expert in “land, titles, title examination, opinions, and matters pertaining thereto” during the trial on the merits. … Smith’s testimony, Beth’s attorney questioned him regarding the subject matter for which he was retained and qualified to offer an expert opinion. While qualifying Mr.

Family Worship Center Church, Inc. v. Solomon

2006 La.App. 1 Cir. 1261 · Louisiana Court of Appeal · Jun 8, 2007

As such, these claims were clearly not before the trial court on Health Science Park's motion for summary judgment, and the trial court erred in dismissing them. … However, Health Science Park addressed all of the Church's allegations as follows: (1) the Church did not address Noerr-Pennington immunity in regard to the filing of the first lawsuit; (2) Health Science Park recorded the

Dunnington v. Magee

152 So. 2d 391 · Louisiana Court of Appeal · Mar 29, 1963

Hollister to re-survey the property and establish the corners. … He stated there were two or three sets of lines made by qualified surveyors and foresters who were not qualified surveyors. The basis of Freshwater’s knowledge of the lines was an old Hollister survey made for Gaylord.

In Re: Subpoena Duces Tecum Issued by the Inspector General of the City of New Orleans to Duplantier, Hrapmann, Hogan & Maher, Subpoena No. 1-Ad/20-0002.

Louisiana Court of Appeal · Aug 4, 2021

Clearly, the trial court did not err in 10 holding that the Mayor of New Orleans appoints a majority of the OPCD board of commissioners. … Unlike the Orleans Parish School Board, the OPCD is not a constitutionally protected and independent office immune to the OIG’s authority under the Home Rule Charter and the City Code.

Bryant v. Long

180 So. 2d 22 · Louisiana Court of Appeal · Oct 27, 1965

We therefore find that the appel-lee Long has established his residence upon the homestead tract within the requirements of law. Decree. … If this is so, then Long’s home before and after his entry is situated upon the tract for which homestead entry is made, and Long clearly resided upon the homestead tract within six months of entry as required by statute.

Tillman v. Canal Insurance Co.

305 So. 2d 602 · Louisiana Court of Appeal · Feb 7, 1975

This according to his testimony, clearly established that the gravel did not come from his pit. No other evidence corroborates this statement. … It has been established impressively in our jurisprudence (McFarland v.

April King v. Shelton Berry, and Hon. Amanda Gross Thies, West Baton Rouge Parish Clerk of Court

Louisiana Court of Appeal · Aug 8, 2024

to qualifying for the office. … qualifying for the office.

Gutierrez v. Moezzi

957 So. 2d 842 · Louisiana Court of Appeal · Apr 11, 2007

that the finding is clearly wrong (manifestly erroneous). … Gutierrez clearly testified that when she worked at the textile store she worked for Birjand, the corporation.