Case law

State v. Lassere

683 So. 2d 812 · Louisiana Court of Appeal · Oct 1, 1996

Detective Gonzales, who was qualified as an expert witness in the field of narcotics investigation and trafficking, testified at trial that possession of one to three grams of cocaine is consistent with personal use. … Clearly, the evidence seized by the officers was as the result of a search incident to a lawful arrest. Such a search is constitutionally reasonable under the Fourth Amendment.

Leitz v. Rosenthal

166 So. 651 · Louisiana Court of Appeal · Mar 23, 1936

The speed limit as established by the municipal ordinance was 30 miles per hour. According to the testimony of Dr. … A number of witnesses were presented by defendant; four in all qualified as expert automobile mechanics, each of whom testified that there was little or nothing that one could do to control the movement of an automobile which

Succession of Netterville

579 So. 2d 1046 · Louisiana Court of Appeal · Apr 16, 1991

The appellant argues that the Retirement Equity Act of 1984 (REA) clearly expresses Congress' intention to preempt state community property laws. We disagree. … The legislative history of the REA indicates, in general, that the bill creates an exception to 29 U.S.C. 1144(a), ERISA's preemption provision, with respect to certain domestic relations orders called Qualified Domestic

Talley v. Succession of Stuckey

604 So. 2d 1375 · Louisiana Court of Appeal · Jul 8, 1992

The court also found the classifications were consistent with a design to qualify entitlements of benefits upon a child’s dependency at the time of the parent’s death. … We find this is clearly a legitimate state interest.

State v. George

855 So. 2d 861 · Louisiana Court of Appeal · Sep 24, 2003

Aggravated kidnaping is the doing of any of the following acts with the intent thereby to force the victim, or some other person, to give up anything of apparent present or prospective value, or to grant any advantage or immunity … Clearly these events constituted one continuing transaction.

Inzinna v. Guitreau

272 So. 3d 582 · Louisiana Court of Appeal · Feb 22, 2019

Guitreau was acting with reckless disregard for the safety of others and thus not entitled to immunity under La. R.S. 32:24. … Second, this court must determine that the record establishes that the finding is clearly wrong (manifestly erroneous). Id. This test requires this court to review the record in its entirety to determine manifest error.

Boylston v. Tidwell

852 So. 2d 1256 · Louisiana Court of Appeal · Aug 22, 2003

Captain Moon, an expert in fire investigation, established that fire requires a fuel source and ignition. He | fifound that in this case, the fuel was gasoline vapors. … Boylston’s reliance upon the charge to support the granting of a new trial clearly lacks merit.

Rebouche v. Anderson

505 So. 2d 808 · Louisiana Court of Appeal · Apr 1, 1987

The trial court found that she did not and that finding is entitled to great weight and is not to be overturned unless shown to be clearly wrong. … Finally, the court reasoned that if litigants were afforded an adequate supply of highly qualified polygraph experts, extensive procedural safeguards should be established, either by court rule or legislation, before the

Johnson v. Trustmark Insurance

771 So. 2d 307 · Louisiana Court of Appeal · Nov 15, 2000

Johnson went to work in an administrative capacity as chief of staff at a local hospital and in a teaching role as professor of surgery at an area medical school, the affidavits filed with the motion for summary judgment clearly … establish that Dr.

Estate of Rice v. Deville

240 So. 2d 379 · Louisiana Court of Appeal · Nov 2, 1970

Rice died, but before plaintiff was formally appointed and qualified as executrix of her estate. … This article accomplishes this result, and the language employed is emphatic enough to indicate clearly the legislative intent to overrule all cases to the contrary.” In Simpson v.

Stephen Minvielle v. Iberia Parish Government

Louisiana Court of Appeal · Nov 20, 2019

The Trial Court erred in holding that Appellants’ taking/inverse condemnation claims are barred by discretionary immunity. … Section 4104(a) mandates that prior to establishing “projected flood elevations and designating areas having special flood hazards . . .

Meaux v. Ideal Mutual Insurance Co.

479 So. 2d 999 · Louisiana Court of Appeal · Dec 11, 1985

Meaux suffered a badly broken leg, among other injuries, and developed psychological problems, allegedly because he was no longer able to qualify as a fireman. Several factual issues were contested at trial. … While duty-risk has been said to express “more clearly, simply, and logically the rationale of the result,” Laird v.

Inzinna v. Guitreau

272 So. 3d 582 · Louisiana Court of Appeal · Feb 22, 2019

Guitreau was acting with reckless disregard for the safety of others and thus not entitled to immunity under La. R.S. 32:24. … Second, this court must determine that the record establishes that the finding is clearly wrong (manifestly erroneous). Id. This test requires this court to review the record in its entirety to determine manifest error.

Concerned Classified City Employees, Inc. v. Civil Service Commission

2015 La.App. 4 Cir. 0654 · Louisiana Court of Appeal · Jan 6, 2016

contradicts) the express provisions of § 14(B), which mandates that those qualified cities who elect to be governed by Part I are to be so governed permanently “as if this Part had originally applied to it.” … As clearly indicated by the Constitutional Convention debates noted heretofore, Part I originally applied to the City.

State v. Foster

510 So. 2d 717 · Louisiana Court of Appeal · May 27, 1987

Thus the evidence conclusively establishes defendant is guilty of simple burglary. … As previously noted, the evidence clearly established that defendant committed simple burglary of Live Oak Pharmacy. Therefore, the jury's verdict is set aside; and we enter a verdict of guilty of simple burglary.

In Re: Kaitlyn Layne Boyd Cobb Applying for Intra Family Adoption of A.E.C.

Louisiana Court of Appeal · Nov 15, 2023

the evidence, has been established. … However, the record clearly demonstrates the mother was persistent in her efforts to communicate with A.E.C. via telephone calls and text messages.

Washington v. Sewerage and Water Board

180 So. 199 · Louisiana Court of Appeal · Apr 4, 1938

such workmen were not their servants, but were servants and employees of the CWA which occupied a relation to the defendants closely akin to that of independent contractor and employer, and that the doctrine which affords immunity … of defendant’s postulation is that, although an employee of a public board is covered by the Compensation Act under the foregoing section, whether the employment is hazardous or not, the proviso which we have italicized clearly

State v. F.A.R.

568 So. 2d 238 · Louisiana Court of Appeal · Oct 3, 1990

When the State offered the in globo evidence, defendant objected, contending that the exhibit constituted hearsay evidence and that the State failed to qualify the exhibit under any exception to the hearsay rule. … The law and jurisprudence involving the imposition of sentences within the statutory limits are well established and will not be repeated. State v. Francis, 554 So.2d 257 (La.App. 3rd Cir.1989).

Chalik v. Gerace

459 So. 2d 82 · Louisiana Court of Appeal · Oct 31, 1984

In order to qualify for unemployment benefits an employee who voluntarily leaves his job must have done so with good cause and the cause must be connected with his employment. LSA-R.S. 23:1601(1); Cosby v. … If the work this individual was performing or was referred to is deemed, in your opinion, to be clearly hazardous to the health of the individual, please certify as to the specific hazards posed to the patient's health by

State Ex Rel. Ieyoub v. Bordens, Inc.

684 So. 2d 1024 · Louisiana Court of Appeal · Nov 27, 1996

The civil petition does not clearly set out the time periods. The federal complaint, which arose pursuant to a federal grand jury investigation, stated that Borden's activities continued at least until June, 1989. … The petition erroneously declares that "antitrust liability is established, leaving only damages to be proven at trial."