Case law

Banks v. Children's Hospital

2013 La.App. 4 Cir. 1481 · Louisiana Court of Appeal · Dec 17, 2014

Generally, a jury’s factual finding cannot be set aside unless the appellate court finds that it is manifestly erroneous or clearly wrong. Stobart v. … Singleton was qualified without objection as an expert in pediatric hematology oncology.

State v. Jackson

452 So. 2d 1225 · Louisiana Court of Appeal · Jun 6, 1984

Based on medical testimony which indicated that the victim would not have contracted pneumonia but for the gunshot wound, this Court held that causation had been established. … The court found that if the *1233 defendant "hastened the termination of life, or contributed, mediately or immediately, to the death, in a degree sufficient to be a clearly contributing cause, that is sufficient."

State v. Wisinger

618 So. 2d 923 · Louisiana Court of Appeal · Apr 23, 1993

An expert qualified in firearms identification concluded that the damage to the deadbolt locks was consistent with bullet holes. … The state is also required to meet the test for admissibility established in State v.

A Investements, LLC, Gracewater LLC, and McNabb Properties, LLC v. Royal Delta Condominium Association, Inc., Juliet Laughlin, and Timothy Laughlin

Louisiana Court of Appeal · Nov 6, 2024

The Act of Declaration established that the owner of each unit shall be a member of the Association. … It has been established that “only direct violations of a prohibitory law may be enjoined without a showing of irreparable harm.” Randazzo v. Imbraguglio, 2021-0679, p. 14 (La.

Jones v. Progressive Security Insurance Co.

16 La.App. 3 Cir. 463 · Louisiana Court of Appeal · Dec 29, 2016

Our review of his curriculum vitae and his testimony regarding his qualifications as an expert in orthopedics and spine surgery leads us to conclude that he is clearly qualified in his field of expertise. … Williams replied: “We felt [it was] somewhat surprising because you can clearly see she has an abnormality at 4-5.

State v. Coleman

756 So. 2d 1218 · Louisiana Court of Appeal · Apr 5, 2000

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … The statements of the defendant are clearly admissible, beyond a reasonable doubt.

State v. Parker

113 So. 3d 471 · Louisiana Court of Appeal · Apr 10, 2013

James Traylor, M.D., a forensic pathologist at LSU Health Sciences Center in Shreveport, was qualified as an expert in forensic pathology and testified with regard to the autopsy he performed on Li-vigni. … Lastly, Detective Farquhar’s testimony established that Livigni’s cell phone was recovered from defendant’s grandfather’s pond. Excessive Sentence Defendant was convicted as charged of second degree murder.

State v. Jones

975 So. 2d 73 · Louisiana Court of Appeal · Dec 28, 2007

The parties stipulated at trial that if Juan Hong was called to testify, he would qualify as an expert in the testing and analysis of controlled dangerous substances and state that the rock-like substances found on the defendant … Although courts have the power to declare these sentences excessive, this should only be done when the court is clearly and firmly convinced that the minimum sentence is excessive. Id.

Knighten v. Knighten

447 So. 2d 534 · Louisiana Court of Appeal · Feb 21, 1984

Once this agreement was reached, appellant qualified as curatrix of the interdict and pursued the personal injury claim. That claim was eventually settled. … The curatrix has failed to establish she was entitled to a mandatory continuance under C.C.P. 1602.

State v. Housley

884 So. 2d 1204 · Louisiana Court of Appeal · Sep 28, 2004

Esther Fleming, who was qualified as an expert in the field of drug analysis, tested the substance contained in State's Exhibit 1 and found that it contained cocaine. … He points out that the jury clearly did not believe Agent Doiron's testimony regarding the events that transpired behind the bar.

Carpenter v. Lafayette Woodworks, Inc.

653 So. 2d 1187 · Louisiana Court of Appeal · Apr 25, 1995

The purchaser has the burden of establishing that the defect existed at the time of purchase, but was neither known or apparent to him. … Sales contends that his experience, mainly in mobile home repair, was not sufficient to qualify him as an expert in motor home repair.

Coleman v. Coleman

87 So. 3d 246 · Louisiana Court of Appeal · Feb 29, 2012

Williams was qualified as an expert in addiction medicine and testified on behalf of Ed. Dr. Williams interviewed only Ed — not Laura or Emma — and, therefore, could not offer a recommendation on custody. … Accordingly, a trial court’s determination in the establishment or modification of custody is entitled to great weight and will not be reversed on appeal unless an abuse of discretion is clearly shown. Mayo v.

State v. Taylor

900 So. 2d 212 · Louisiana Court of Appeal · Apr 6, 2005

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … These facts support the trial court's determination that Taylor qualified as the worst type of offender. The sentence is affirmed. CONVICTION AND SENTENCE AFFIRMED.

Clubb v. DeKeyzer

152 So. 2d 77 · Louisiana Court of Appeal · Apr 9, 1963

The subsequent committee action cancelling ex parte the earlier adjudication is virtually immune from attack by the affected landowner, according to the appellants, because the agency’s new interpretation of its own rules … county committee empowered to act on it, which ruling did not result from any misrepresentation by the parties; where in addition such ruling was made under an interpretation of the pertinent administrative regulations not clearly

Williams v. Nelson

263 So. 3d 466 · Louisiana Court of Appeal · Dec 19, 2018

The inspector recommended an evaluation by a qualified licensed contractor. … Clearly, the letter does not state the Trustees had no knowledge regarding the condition of the property, but rather they had no knowledge of the defects plaintiffs claimed to uncover during their renovation project.

Thomas D. Frye, Et. Ux. v. Richard Ingram Ballard, M.D.

Louisiana Court of Appeal · Jan 25, 2023

If a highly qualified radiologist saw nothing significant to indicate osteomyelitis on January 6, it is even more unlikely he would have seen it earlier. The way in which Mr. … Milstead did not clearly indicate Mr. Frye had osteomyelitis.

State v. Waymire

504 So. 2d 953 · Louisiana Court of Appeal · Mar 4, 1987

Her testimony clearly evinces defendant's attempt to commit aggravated rape upon her, thwarted by her actions of pulling up her underwear and successfully planning her escape. … The presentence investigation report reveals that defendant has the Acquired Immune Deficiency Syndrome (AIDS).

State v. Smith

618 So. 2d 419 · Louisiana Court of Appeal · Apr 27, 1993

It must also be established that an accused who makes a confession during a custodial interrogation was first advised of his constitutional rights as per Miranda v. … The testimony at trial clearly showed that the defendant engaged in anal sexual intercourse with the victim, a ten year old, at approximately 6:00 p.m. on January 21, 1992.

North American Contracting Corp. v. Gibson

327 So. 2d 444 · Louisiana Court of Appeal · May 11, 1976

The photographs introduced into evidence clearly support his statements. Having determined the above percentages of the work completed from his inspection of the project, Mr. … Jaco LeBlanc indicate clearly that the work on the apartment project was substandard.

Balthazar v. Guillory Racing Farms

0 La.App. 3 Cir. 00941 · Louisiana Court of Appeal · Mar 7, 2001

An expert qualified as such by her knowledge, skill, experience, training, or education may testify in the form of an opinion. La.Code Evid. arts. 403, 702. … This discretion is not to be overturned unless it is clearly wrong. Id.