Case law

State v. Miller

2014 La.App. 4 Cir. 0406 · Louisiana Court of Appeal · Feb 25, 2015

We are unaware, however, of any Louisiana court which has allowed a police officer, whether qualified as an expert or not, to offer an opinion as to a defendant’s guilt or innocence. … The *1096 record before us shows clearly that the trial judge asked questions of this and other prospective jurors and took notes on their respective responses.

State v. Taylor

2013 La.App. 4 Cir. 0265 · Louisiana Court of Appeal · Dec 18, 2013

Clearly, the language requiring the com-píete enclosure by any type of physical barrier that is at least six feet in height was intended to apply to the “premises” entered. … The evidence established that the PPG acquired ownership of the 341.94-acre state school complex on March 10, 2010, less than one year prior to the alleged unauthorized entry by defendant.

State v. Ester

458 So. 2d 1357 · Louisiana Court of Appeal · Oct 31, 1984

In return for her testimony at Patricia Ester's trial Nora admitted the district attorney granted her immunity from the accessory after the fact charge. … Furthermore, the record clearly reflects that the unavailability of Danny Weeks for trial was established and undisputed. Defendant stipulated that the state subpoenaed Danny Weeks and that he did not appear to testify.

Jennifer Landry v. John Doe and Our Lady of the Lake Regional Medical Center

Louisiana Court of Appeal · Jun 26, 2020

Hebert' s status as a qualified health care provider, the amount to be paid by Dr. … that the factfinder is clearly wrong or manifestly erroneous.

Holley v. Tate & Lyle

797 So. 2d 94 · Louisiana Court of Appeal · Aug 15, 2001

Holley was qualified for that job, or that Mr. Holley was able to perform that job. Finally, we |snote that the WCJ awarded SEB to Mr. Holley only through May 8, 2000, one week prior to the May 15, 2000 trial. Thus, Mr. … It is well accepted that substantive laws either establish new rules, rights, and duties or change existing ones, while interpretive laws merely establish the meaning the statute had from the time of its enactment. St.

State v. Star Enterprise

691 So. 2d 1221 · Louisiana Court of Appeal · Sep 23, 1996

Concomitantly, the valuation formula establishes value. … Wilkins was qualified as an expert in chemical engineering. Dr. Wilkins testified as to cost value based on the BTU value of crude oil.

State v. Greenwell

746 So. 2d 29 · Louisiana Court of Appeal · Aug 18, 1999

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 *35 beyond … Scott was qualified as an expert, the. defendant stipulated that his fingerprints were on the bill of information for his previous conviction.

Gould v. Gould

687 So. 2d 685 · Louisiana Court of Appeal · Jan 24, 1997

Winterton, the children's pediatrician, testified that he was not qualified to diagnose ADD, but he could recognize it and did not think an assessment was necessary for Kenneth. … The child support guidelines of R.S. 9:315 et seq. establish a rebuttable presumption of the amount of child support that is proper. R.S. 9:315.1 A.

Nola Bourbon, LLC v. Jorge Rodriguez-Franco and Lillian Benitez

Louisiana Court of Appeal · Jun 23, 2021

trial court’s decision on whether a party has possessed property sufficient to prove thirty year acquisitive prescription is a factual determination and cannot be reversed on appeal unless it is manifestly erroneous or clearly … Vogt’s testimony regarding the timing and nature of the modification of the structure on 933 Bourbon was corroborated by the testimony of John Williams, who was qualified at trial as an expert in the field of architecture

Lewis v. Travelers Insurance Company

247 So. 2d 635 · Louisiana Court of Appeal · Apr 22, 1971

Alvin Doyle, who was qualified as a brake expert, testified that he examined the Lincoln's braking system on April 21, 1970, and found that the rear wheels were getting more braking effect than the front ones. … We feel that the jury clearly erred in finding that Dr. and Mrs.

State v. Brooks

256 So. 3d 524 · Louisiana Court of Appeal · Sep 26, 2018

Partner, a qualified sexual assault nurse examiner ("SANE"), performed the examination using a physical exam recovery kit ("PERK"), and filled out a form detailing her findings. Prior to the exam, J.H. told Ms. … T.W. clearly stated that Brooks pushed her onto the bed and forced her to have nonconsensual sex for his own sexual gratification.

State v. Henderson

2013 La.App. 1 Cir. 0074 · Louisiana Court of Appeal · Sep 13, 2013

No formula exists for determining whether the defense has established a pri-ma facie case of purposeful discrimination. … P. art. 761, While the State’s amendment of the charge on count two from second degree cruelty to juveniles to cruelty to juveniles would qualify as a substantive change, the State clearly informed defendant and the trial

Michael Thompson v. Transocean Offshore Deepwater Drilling, Inc. and Transocean Deepwater, Inc.

Louisiana Court of Appeal · Feb 21, 2020

The standard for determining the admissibility of expert testimony was established by the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 27865 125 L. … art. 702 which provides in part: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if. - 1)1)

State v. Merritt

875 So. 2d 80 · Louisiana Court of Appeal · Mar 17, 2004

I think in my report uh, fairly clearly on 8-7 of 2001 impression reads—my impression is that [A.R.] is clearly a product of neglect and or abuse resulting in the left spiral tibial shaft fracture and a right proximal humeral … The record clearly establishes that there was sufficient evidence before the jury supporting its finding that the Defendant unjustifiably prolonged A.R.'

River/Road Construction, Inc. v. City of New Orleans

95 La.App. 4 Cir. 1782 · Louisiana Court of Appeal · Jan 11, 1996

Definitions The following words, terms and phrases, when used in conjunction with the Solid Waste Rules and Regulations, shall have the meanings ascribed to them in this Section, except where the context clearly indicates … Such a plan shall conform to the appropriate guidelines and standards established by the Louisiana Department of Agriculture and the Department of Health and Hospitals.

Rovira v. Byram

2002 La.App. 5 Cir. 1115 · Louisiana Court of Appeal · Feb 25, 2003

“Some” expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging what risk exists and the likelihood of occurrence. … [[Image here]] Clearly, with each year that passes and each operation that is performed without him developing an infection, the lower the odds of that dormant bacteria coming to life.

Turner v. Miller Transporters, Inc.

852 So. 2d 478 · Louisiana Court of Appeal · Jun 27, 2003

C.C. art. 3549 establish general guidelines to enable conflict of law resolution. … To qualify as deadhead, or nonproductive, miles, Miller stated that the trucker had to perform work for the company for which no revenue was generated. The travel could not involve any movement for a shipper.

Interdiction of Wright

2013 La.App. 1 Cir. 0862 · Louisiana Court of Appeal · Mar 27, 2014

Wright established an account with A.G. Edwards through one of its investment brokers, Edwin Reardon. In 2002, Mrs. … As such, |1Bit does not qualify as a “valid and final judgment” under the statute 8 and has no res judicata effect. In re Interdiction of Wright, 75 So.3d at 897 .

Guy Lecompte v. St. Tammany Parish School Board

Louisiana Court of Appeal · Apr 26, 2021

LeCompte alleged that "[ t] oxic mold and other contaminants located in [ the] Athletic [ Department] facility were ignored for years[,] resulting in [ him] contracting Mycotoxin toxicity seriously affecting his immune … The object of the claim is the recovery of workers' compensation indemnity and medical benefits, which is clearly a matter " arising out of' thethe WCA. See La. C.C.P. art. 2; La. R.S. 23: 1310. 3( F).

VERMILION BAY v. Phillips Petroleum Co.

646 So. 2d 408 · Louisiana Court of Appeal · Nov 10, 1994

Clearly the survey party found that Lost Bayou was not navigable then. … This, therefore, clearly establishes user of the pre-1972 rights. The Court notes that while Dr.