Case law

State v. Sylvas

558 So. 2d 1192 · Louisiana Court of Appeal · Feb 21, 1990

If a ground for recusation is established the judge shall recuse the district attorney. The term "district attorney" includes assistant district attorneys, except where the context clearly indicates otherwise. … Tammany Parish Sheriff's Department was qualified as a fingerprint identification expert.

La Seafood Management v. La Wildlife

719 So. 2d 119 · Louisiana Court of Appeal · Sep 1, 1998

Clearly, the respective mandates contained in the plain language of §§ 638.3 and § 638.5 [8] are expressly directed *126 to the Commission. … The letter delineated the financial information the applicant would have to present in order to qualify.

Ralph v. City of New Orleans

921 So. 2d 988 · Louisiana Court of Appeal · Dec 14, 2005

maintained by the Clerk of the Council, and there is a $35.00 fee to register a domestic partnership; (9) The City is spending tax money to pay for health insurance and/or other benefits for at least one person who has qualified … The spending of public money clearly affects the public fisc.

Madison v. Ward

825 So. 2d 1245 · Louisiana Court of Appeal · Jul 3, 2002

This court concluded that a "post-conviction habeas corpus making the necessary allegations... qualifies as `any action' subject to the special venue requirements of La. R.S. 15:571.15[.]" Bartie, 501 So.2d at 265 . … This requirement is established by LSA-R.S. 15:1171 et seq.

Hewitt v. Webster

118 So. 2d 688 · Louisiana Court of Appeal · Mar 10, 1960

To the contrary, to the extent of any irreconcilable conflict, the special or specific provision modifies, qualifies, limits, restricts, excludes, supersedes, controls, and prevails over the general or broad provision, which … Too, such ruling would be in disregard of the firmly—and well-established jurisprudence as regards the secrecy of grand jury proceedings, as heretofore pointed out.

Robinson v. Simmons Co.

99 La.App. 4 Cir. 1319 · Louisiana Court of Appeal · Mar 22, 2000

Robinson’s death qualified as a compensable accident under the Louisiana Workers’ Compensation Act. … Robinson’s death qualified as a compensa-ble accident did not present the most clear-cut answer.

State v. Labat

2012 La.App. 4 Cir. 1210 · Louisiana Court of Appeal · Apr 24, 2013

Anderson then went outside of the establishment and, shortly thereafter, the defendant shot Mr. Anderson. Mr. … Cynthia Gardner, M.D., qualified by joint stipulation as an expert in the fields of medicine and forensic pathology, conducted the autopsy on the victim on August 19, 2010.

John Stewart Gentry v. Paul D. Spillers

Louisiana Court of Appeal · May 10, 2021

In addressing qualified privileges in general, the jurisprudence has adopted the following two- step analytical framework: First, it must be determined whether the attending circumstances of a communication occasion a qualified … Freeman, 414 So. 2d at 359. 5 privilege.5 Here, the statements complained of by Gentry were asserted in petitions in the underlying litigation and were clearly material

State v. Deters

517 So. 2d 1040 · Louisiana Court of Appeal · Oct 7, 1987

Clearly the State did not solicit the answer nor was the unsolicited answer embellished by the State. … He argues that he was given the maximum sentence under the habitual offender statute and that he does not qualify for the maximum sentence under Louisiana jurisprudence.

State v. Terry

654 So. 2d 455 · Louisiana Court of Appeal · Apr 7, 1995

Clearly, this was an insufficient foundation to determine that this evidence of repute was based on reputation of the victim among those who knew her well. Jenkins, 456 So.2d at 178 . … Clearly, the trial court did not err in ruling that an insufficient foundation had been laid to admit the testimony of this character witness. This assignment lacks merit.

Petti v. Ordon

2004 La.App. 4 Cir. 1659 · Louisiana Court of Appeal · Nov 10, 2004

Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact, and the movant … Pearce do not qualify as insureds under the policy. Allstate cites the specific policy provision in Ms. Petti’s umbrella policy, defining “insured person.”

Calvin W. Braxton, Sr. v. Louisiana State Troopers Association

Louisiana Court of Appeal · Jan 31, 2024

, for which no conditional or qualified privilege attaches. … He urges that the report, which Colonel Oliphant published to LSP, is clearly defamatory and defamatory per se, rendering the partial summary judgment inapplicable and for which no conditional or qualified privilege attaches

State v. Pleasant

489 So. 2d 1005 · Louisiana Court of Appeal · May 28, 1986

He argues the sketch was prejudicial because the detective, Paul Robert, testified that it was drawn to scale, although he was not qualified as an expert in any field. … It is unnecessary to qualify Article 701 as a remedial statute (which I believe is arguable) or to apply a liberal construction to it.

Buford v. LeBlanc

2015 La.App. 1 Cir. 0765 · Louisiana Court of Appeal · Dec 23, 2015

The secretary shall establish regulations for awarding and réeording of good time and shall determine when good time has been earned toward diminution of sentence. … You do not qualify for act 138..

State v. Marlowe

2010 La.App. 4 Cir. 1116 · Louisiana Court of Appeal · Dec 22, 2011

A combination of specialized training, [44work experience and practical application of the expert’s knowledge can combine to establish that person as an expert. Id. … Considering all of the evidence, it cannot be said that the trial court clearly abused its discretion in not accepting the testimony of Greg Meyer.

Griffith v. Latiolais

11 La.App. 3 Cir. 166 · Louisiana Court of Appeal · Jun 1, 2011

C.C. art. 134 clearly fell in Resa’s favor. Griffith, 32 So.3d at 389 . … R.S. 9:358.1 whereby a parenting coordinator may be appointed to assist the parties in resolving disputes but only “if the court has previously entered a judgment establishing child custody, other than an ex parte order.”

Naquin v. Maryland Casualty Company

311 So. 2d 48 · Louisiana Court of Appeal · Jun 13, 1975

He was qualified as an expert automobile mechanic. Kimbrough testified that after the accident occurred this truck was brought to the maintenance barn and the back wheels were removed. … I think these rules are clearly applicable in the present matter. For the reasons assigned, I respectfully dissent.

Tahoe Corp. v. P & G GATHERING SYSTEMS

506 So. 2d 1336 · Louisiana Court of Appeal · May 6, 1987

Deal next insisted that Tahoe's wells qualified for maximum prices under NGPA. … The jurisprudence clearly establishes that a price, though not determined at the moment of sale, is valid if it is objectively determinable. See, e.g., Louis Werner Sawmill Co. v.

Walker v. AMID/Metro Partnership, LLC

2012 La.App. 4 Cir. 0285 · Louisiana Court of Appeal · Jan 16, 2013

Proc. art. 591 B lists requirements that must be met by plaintiffs to qualify as a class action: (1) The prosecution of separate actions by or against individual members of the class would create a risk of: (a) Inconsistent … The trial court determined that there are numerous common questions of law and fact, including: 1) Defendants’ conduct in establishing a landfill on the putative class members’ property. 2) Each of the private defendants

Cadle Co. v. Dumesnil

610 So. 2d 1063 · Louisiana Court of Appeal · Dec 9, 1992

In these cases, the courts found that because the third party or pledgor retained possession of the thing pledged "precariously and clearly for the account of the creditor" the requirement of delivery was fulfilled, creating … We interpret his argument as being that the statement lacks evidentiary value because it does not qualify even as an extrajudicial admission. He cites Howard Trucking Co., Inc. v.