Case law
Opinions from 1658 to today.
8,141 results
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9 La.App. 3 Cir. 1382 · Louisiana Court of Appeal · May 12, 2010
In Mays, the court clearly stated that the second habitual offender bill relied on the same prior convictions as the first. … To find otherwise would have obviated the necessity for the court to have used a qualified signal.
Cited 37 timesPublishedBenny Bell v. Sabine Parish School Board
Louisiana Court of Appeal · Feb 5, 2020
Bell alleged the Board failed to pay him a proportional salary for a twelve-month budget period according to the salary schedule established by the Board. … In this case, the current statute instituted by Act 1 clearly and unambiguously evidences the Board’s authority to fix Bell’s salary subject to the provision that it cannot be reduced.
Cited 0 timesUnknown484 So. 2d 946 · Louisiana Court of Appeal · Feb 25, 1986
The trial court sustained the state’s objection on the basis that defense counsel had failed to establish the relevance of that line of questioning at that point in time. … In the present instance, the testimony offered in rebuttal was clearly proper for such purpose.
Cited 1 timesPublishedLouisiana Court of Appeal · Jan 31, 2024
Accordingly, he has failed to meet his burden on the qualified immunity defense of establishing a constitutional violation and the substantive due process claim against Curry must be dismissed. Cordova v. … A review of the record establishes that the state district court placed the initial burden of proof of establishing the application of res judicata on the Lafayette General Defendants. As quoted in Dr.
Cited 0 timesUnknownStrong v. Eldorado Casino Shreveport Joint Venture
73 So. 3d 967 · Louisiana Court of Appeal · Aug 10, 2011
R.S. 27:2(A) states that “all persons, locations, practices, associations and activities related to the operation of licensed and qualified gaming establishments ... shall be strictly regulated.” See also La. … If a patron instead chooses to exchange the chips for cash and fails to pay the marker, the debt still exists and clearly would be enforceable.
Cited 4 timesPublished2010 La.App. 4 Cir. 0314 · Louisiana Court of Appeal · Oct 13, 2010
Fox qualified under the declaration against penal interest exception to the hearsay rule making the statement admissible. La. C.E. art. 804(B)(3). In her statement, Ms. … Fox was clearly testimonial. Thus, the first inquiry under Crawford is whether Ms. Fox was unavailable. The state argues that no violation of the Confrontation Clause exists because the declarant, Ms.
Cited 13 timesPublished110 So. 3d 221 · Louisiana Court of Appeal · Feb 27, 2013
He was qualified by the court as an expert in forensic pathology. Dr. … 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
Cited 5 timesPublishedLouisiana Court of Appeal · Mar 29, 2023
Each of the health -care -provider defendants placed into evidence certified copies of their respective certificates of enrollment with the Louisiana Patients Compensation Fund, thereby establishing that they are qualified … Clearly, the appropriateness of using the Bovie cautery device and each defendant' s actions and responsibilities in its use requires medical expertise to establish whether any breaches in the standard of care occurred
Cited 0 timesUnknownTrinidad Petroleum Corp. v. Pioneer Natural Gas Co.
416 So. 2d 290 · Louisiana Court of Appeal · May 27, 1982
Clearly, Beard did not rely to his detriment on what was said or done by Pioneer. … Had the parties desired to establish a higher standard of care they could have done so.
Cited 14 timesPublished55 So. 3d 47 · Louisiana Court of Appeal · Nov 3, 2010
That indictment was quashed on May 23, 2002, on the basis that one of the grand jurors was not qualified to serve. … InA review of the record in this matter clearly indicates that during any periods in which Sinclair did not have a pending motion for a sanity commission, a motion to suppress evidence, or a motion to quash the prosecution
Cited 3 timesPublishedDaxtreme, Inc. v. Lafayette City-Parish Consolidated Government
Louisiana Court of Appeal · Dec 15, 2021
Given this distinction, if it was the Louisiana Legislature’s intent for the peremptive periods established by La. … Parker, 04-509, p. 12 (La.App. 3 Cir. 9/29/04), 883 So.2d 1119, 1127, writ denied, 04-2669 (La. 1/28/05), 893 So.2d 73 (citations omitted), the court stated: an immunity which denies the plaintiff a cause of action
Cited 0 timesUnknown417 So. 2d 1221 · Louisiana Court of Appeal · Jun 24, 1982
The trial court's finding to the contrary is clearly wrong. … Our review of the record establishes that the trial court's finding that plaintiff failed to prove the invalidity of the $526.58 debt is not clearly wrong.
Cited 11 timesPublishedProf'l Fluid Servs., LLC v. Norsk Bronnservice AS
245 So. 3d 47 · Louisiana Court of Appeal · Apr 25, 2018
No matter how clearly such penalty clauses are written, courts as a matter of public policy should decline to enforce an agreement which clearly is not one for true liquidated damages. John Jay Esthetic Salon, Inc. v. … The term "the purchase and the sales price for all PFS Products at the date of cancellation of the Agreement" does not provide a time period to determine what qualifies as the purchase and sales price at the date of cancellation
Cited 2 timesPublished11 La.App. 5 Cir. 358 · Louisiana Court of Appeal · Mar 27, 2012
Brady also requires the disclosure of evidence concerning a promise of leniency or immunity to a material witness in exchange for his testimony at trial. Giglio v. … The officers’ testimony was used to establish the facts leading up to, and including, the defendant’s arrest.
Cited 24 timesPublished9 La.App. 3 Cir. 1272 · Louisiana Court of Appeal · Feb 3, 2010
To convict of attempted armed robbery, there must be sufficient evidence to establish the intent to take something of value even though the act of taking need not be established. … There was no discussion of whether Officer Greanery qualified as an expert in this field, but S.C.J. did not challenge or rebut his testimony.
Cited 6 timesPublished941 So. 2d 642 · Louisiana Court of Appeal · Sep 27, 2006
Salcedo was qualified as an expert in forensic psychology. He testified that he and Dr. Richard Richoux had examined Mr. … Clearly, Mr. Gauthier was oblivious to the fact that Ms. Bouvier was so afraid of his retaliation that fear prevented her from leaving him sooner. Mr.
Cited 3 timesPublishedRodessa Oil & Land Co. v. Perkins
104 So. 3d 52 · Louisiana Court of Appeal · Aug 8, 2012
ROLCO attached all documents establishing the unbroken chain of title to its motion for summary judgment. … It is well established that our Code of Civil Procedure sets forth a system of fact pleading. LSA-C.C.P. arts. 854, 891, 1003, 1004.
Cited 4 timesPublished2010 La.App. 4 Cir. 1775 · Louisiana Court of Appeal · Apr 4, 2012
See Taylor, 93-2201, p. 26, 669 So.2d at 378 (holding, “we find that the verdict rendered was surely unattributable to any error that occurred in not allowing ‘back striking,’ and so qualifies as harmless.”) … Under Sullivan , the Johnson error would be classified as a “trial error,” which is the type of evidentiary error that is clearly subject to harmless-error review.
Cited 7 timesPublished546 So. 2d 1246 · Louisiana Court of Appeal · Jun 20, 1989
Clearly, reliability is the linchpin in determining the admissibility of identification testimony. See State v. … The evidence of record is clearly sufficient to support the jury's verdicts. Accordingly, these assignments are without merit.
Cited 33 timesPublished440 So. 2d 205 · Louisiana Court of Appeal · Oct 12, 1983
That she had not been qualified as such an expert before this trial is of no consequence. To hold otherwise would preclude an "expert" from ever passing muster. … We find that the State clearly satisfied its foundation and chain of custody requirements and that the rape kit was, therefore, properly admitted into evidence.
Cited 61 timesPublished
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