Case law
Opinions from 1658 to today.
8,141 results
0.87s
683 So. 2d 1228 · Louisiana Court of Appeal · Oct 9, 1996
King's dispute of that testimony is clearly based upon credibility. A determination of the weight of evidence presented is a question of fact. … After observing all the witnesses, the jury clearly believed Johnson.
Cited 7 timesPublishedTerence St. Germain v. Lesley Simmons St. Germain
Louisiana Court of Appeal · Sep 11, 2019
We find the record establishes a reasonable basis upon which the trial court could find Ms. St. … We find the record establishes a reasonable basis upon which the trial court could find Ms. St.
Cited 0 timesPublished738 So. 2d 640 · Louisiana Court of Appeal · Jun 1, 1999
The trial transcript clearly shows, however, that defense counsel, and not the prosecutor, elicited the testimony forming the basis of this error assignment. … However, in the absence of qualifying provisions, the terms "intent" and "intentional" have reference to "general criminal intent." In State v.
Cited 42 timesPublished801 So. 2d 501 · Louisiana Court of Appeal · Jan 11, 2002
Williams, who managed the LOHC project, did not establish soil analysis parameters to assess asbestos levels. … He admitted to having no experience with asbestos and testified that there were "much more qualified people in the field of asbestos that work for Conoco." In spite of his lack of experience, Mr.
Cited 2 timesPublished251 So. 3d 650 · Louisiana Court of Appeal · Jun 27, 2018
The trial court found Neiberg to be a more credible, qualified, and reliable expert than Woods. … The record clearly shows that Neiberg is an expert in not just valuation of closely-held companies, but specifically in ambulatory surgery centers, and the trial court was by no means clearly wrong in placing great weight
Cited 2 timesPublishedSterling v. C. Marshall Martin, Inc.
409 So. 2d 1231 · Louisiana Court of Appeal · Nov 23, 1981
The basis of appellants' suit is their allegation that the signature of Katie Stern Sterling, the duly qualified administratrix of the Succession of Henry Sterling, was forged on the verification of various pleadings filed … Therefore, plaintiffs-appellants argue that the trial court erred in granting the Motion to Compel and also argue that the award of five hundred dollars per attorney is clearly unreasonable and unjust.
Cited 2 timesPublishedAm. Fid. Fire Ins. Co. v. Pavia-Byrne Engineering Corp.
393 So. 2d 830 · Louisiana Court of Appeal · Jan 13, 1981
THE WITNESS: Your Honor, I thinkI' ll have to qualify an answer there. … The other error neglect, which resulted in an overpayment of $3440, came about because of a confused state of facts, most of which are not clearly established in the record.
Cited 13 timesPublished2012 La.App. 4 Cir. 0514 · Louisiana Court of Appeal · Oct 31, 2012
Thomas in order to establish his current condition, diagnoses, treatment needs, and ability to return to work. In December 1998 and December 2000, Mr. Thomas was evaluated by neuropsychologist Dr. … When there are two permissible views of the evidence, a factfinder’s choice between them can never be manifestly erroneous or clearly wrong. Id.
Cited 3 timesPublished11 La.App. 3 Cir. 1583 · Louisiana Court of Appeal · Jun 13, 2012
The record clearly supports a conviction on such a charge. Accordingly, defendant’s conviction is modified to second degree murder (R.S. 14:30.1(1)). Id. … However, the evidence in the record clearly and unequivocally establishes beyond a reasonable doubt that Defendant armed himself and drove purposefully to where he knew Ms. John would be picking up the children.
Cited 5 timesPublishedHoerner v. ANCO Insulations, Inc.
729 So. 2d 640 · Louisiana Court of Appeal · Feb 3, 1999
Thus, in an expropriation case involving the production of two appraisers’ opinions that were formulated in anticipation of litigation, the Supreme Court held that “(a)n expert’s | ^written opinion is clearly not subject … That relationship was not established in these eases. Adams v. Deaton, Inc., 97-0059 (La.App. 4 Cir. 4/9/97) , 694 So.2d 482 , writ granted and judgment vacated, 97-1237 (La.6/30/97), 696 So.2d 997 , is not dispositive.
Cited 1 timesPublished5 La. App. 590 · Louisiana Court of Appeal · Jan 7, 1927
His surviving wife, as widow in necessitous circumstances, qualified as administratrix of his estate, and in due course *593 of administration received from it the sum of $791.00. … When under such circumstances, they fail to furnish the evidence clearly within their power all the presumptions of law are against them.”
Cited 0 timesPublished583 So. 2d 901 · Louisiana Court of Appeal · Jun 27, 1991
James died of acquired immune deficiency disease, he was truly unavailable as a witness and the provisions of Louisiana Code of Evidence Article 804(A.)(4) apply. [1] A police officer, in explaining his own actions, may refer … The record clearly reflects sufficient compliance with La.C.Cr.P. art. 894.1, and that the trial court did not abuse its sentencing discretion. This assignment of error is without merit.
Cited 6 timesPublishedAE Landvoigt, Inc. v. LOUISIANA STATE EMP. RETIREMENT SYSTEM
337 So. 2d 881 · Louisiana Court of Appeal · Dec 3, 1976
It is conceded that Appellant has not qualified to do business here. … Appellant has failed to establish loss of profits with that degree of certainty legally *887 required.
Cited 13 timesPublishedGreer v. State, ex rel. Department of Transportation & Development
6 La.App. 3 Cir. 417 · Louisiana Court of Appeal · Oct 4, 2006
that the fact finder is clearly wrong or manifestly erroneous. … These photographs clearly depict a large hole in the trunk of the sister tree, as well as a hole between the sister tree and the fallen tree.
Cited 7 timesPublished915 So. 2d 829 · Louisiana Court of Appeal · Apr 27, 2005
The Supreme Court clearly states, "not all hearsay implicates the Sixth Amendment's core concerns." … The report simply established that Mr. LeDeaux was shot three times and that he died almost instantly from those gunshot wounds. In this regard, Dr. Cramer's report and Dr.
Reversed on other grounds by State v. Leonard, 932 So. 2d 660 (2006)Cited 8 timesPublishedWalker v. Travelers Indemnity Company
289 So. 2d 864 · Louisiana Court of Appeal · Feb 6, 1974
The seaworthiness of the "Bon Conge" before it sank was established by the uncontroverted testimony of the plaintiff. … But this testimony was qualified by plaintiff to the effect that he was also told that it might last as little as five years, especially if used in the salt water of the Gulf or in excessively sandy waters.
Cited 7 timesPublishedLouisiana Court of Appeal · Mar 12, 2021
Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982), the United States Supreme Court articulated a new objective standard with regard to the qualified immunity defense, stating that government officials … performing discretionary functions generally are shielded from liability for civil damages, unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known
Cited 0 timesUnknownAdvantage Personnel & Louisiana Safety Ass'n of Timbermen v. Cleave
2013 La.App. 1 Cir. 1618 · Louisiana Court of Appeal · May 2, 2014
University, 01-0242 (La.App. 1 Cir. 3/28/02) , 819 So.2d 1059, 1065 (finding that Section 23:1102B’s consent and forfeiture provisions did not apply to a settlement with a party who was entitled to workers’ compensation immunity … the finding is clearly wrong.
Cited 0 timesPublishedTharpe & Brooks, Inc. v. Arnott Corp.
406 So. 2d 1 · Louisiana Court of Appeal · Oct 12, 1981
However, the witness' familiarity with his brother's signature was sufficiently established; the signature was adequately identified. … This testimony was clearly hearsay; the trial court was correct in sustaining the objection.
Cited 7 timesPublished496 So. 2d 583 · Louisiana Court of Appeal · Oct 15, 1986
This article does not affect the right to challenge for cause, a juror who is not qualified to serve. The defendant has the burden of establishing fraud or some irreparable injury in the jury selection process. State v. … However, sentencing under either of the above provisions was improper since the evidence at trial clearly established the elements of simple escape only under R.S. 14:110 A(1); i.e., escape from the custody of Trooper Guidry
Cited 24 timesPublished
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