Case law

State v. Williams

16 La.App. 3 Cir. 140 · Louisiana Court of Appeal · Sep 28, 2016

Captain Larry Coutee, a thirty-eight year veteran with the Alexandria Police Department, was qualified as an expert in the field of distribution, packaging, and manufacturing of crack cocaine. … To rebut the presumption that a mandatory minimum sentence is constitutional, a defendant must clearly and convincingly show that: |an[he] is exceptional, which, in this context means that because of unusual circumstances

Daniel v. Point to Point Directional Drilling, Inc.

13 La.App. 3 Cir. 1407 · Louisiana Court of Appeal · May 7, 2014

Clearly, an inadvertent and inconsequential false statement would not result in forfeiture of benefits. Resweber, 660 So.2d at 16 . … Furthermore, he stated that he was not even aware that his mental injury qualified as a work-related injury. Brenda Guillot, the adjustor on this claim, first testified that Mr.

Byrnside Drilling Co. v. Armour

865 So. 2d 310 · Louisiana Court of Appeal · Jan 30, 2004

In order to enforce a lien against movable property, the identity of the property must be possible of establishment. … The chattel mortgage in the present case does not contain such qualifying language; rather, the chattel mortgage states only that the chattel will be located on “Smith Road” in Ouachita Parish.

Stadtlander v. Ryan's Family Steakhouses, Inc.

794 So. 2d 881 · Louisiana Court of Appeal · Apr 4, 2001

Appeals are favored in the law and should be maintained unless a legal ground for dismissal is clearly shown. Tucker v. … In that statute, the validity of an arbitration agreement is qualified by the language "save upon such grounds as exist at law or in equity for the revocation of any contract."

Devonna Fauntleroy v. Rainbow Marketers & in Solido

Louisiana Court of Appeal · Nov 10, 2004

The relevant sections of the Consolidated Omnibus Budget Reconciliation Act generally state that upon the occurrence of a “qualifying event,” a qualified beneficiary of a group health care plan is entitled to elect continued … The termination of a covered employee’s employment qualifies as one of the listed qualifying events. 29 U.S.C. § 1163 (2003).

Peoples v. Fred's Stores of Tennessee, Inc.

9 La.App. 3 Cir. 1270 · Louisiana Court of Appeal · Jun 2, 2010

|^The Plaintiffs’ Expert Witness — Mi chael Frenzel Fred’s contends that the trial court clearly erred in qualifying Mr. Frenzel as an expert and/or in admitting his testimony at trial. It submits that Mr. … Nevertheless, the trial court stated that because the “[ejvidence established that Mr.

State v. Cullier

10 La.App. 5 Cir. 1066 · Louisiana Court of Appeal · Nov 15, 2011

The State further argues that the jury clearly found these two witnesses to be credible. The constitutional standard for testing the sufficiency of the evidence, as enunciated in Jackson v. … Defendant does not argue that the State failed to establish any of the essential statutory elements of his conviction.

State v. Stacy

686 So. 2d 949 · Louisiana Court of Appeal · Dec 20, 1996

This arose when the prosecutor was attempting to qualify Dr. Reams, an assistant coroner with specialized training in | ^Atlanta, Georgia, as an expert in forensic pathology. … It was not, however, used in argument, or in an inflammatory manner, but rather appeared to be a Igsomewhat awkward effort to establish Dr.

Texas Pipe Line Company v. Stein

190 So. 2d 244 · Louisiana Court of Appeal · Nov 18, 1966

Co., supra, is so clearly evident to us that we do not find there the supporting authority which the trial judge found in it. … If this were reason to reject its qualification as a public utility carrier, it would be very difficult, if not impossible, for any new common carrier pipeline for delivery of crude oil to a refinery to qualify, for we may

Lafayette Airport Commission v. Roy

265 So. 2d 459 · Louisiana Court of Appeal · Sep 27, 1972

Chappuis is also a highly experienced and qualified appraiser. … "Clearly, then, although evidence of the value of materials or deposits on the land expropriated is admissible, such evidence may be received only for the purpose of establishing market value; it may not be employed as the

Hill v. Iasis Glenwood Regional Medical

195 So. 3d 536 · Louisiana Court of Appeal · May 18, 2016

When there are two permissible views of the evidence, the WCJ’s choice between them can never be manifestly erroneous or clearly wrong. Id. … Hill qualified for TTD. This assignment of error lacks merit. Prescription By its final assignment of error, Glenwood urges that Ms. Hill’s claim was prescribed. Under La.

Whiddon v. Elliott

594 So. 2d 449 · Louisiana Court of Appeal · Dec 27, 1991

Krupkin thought that a general surgeon would have been qualified to do so. … However, informed consent may be verbal so long as it meets the established criteria.

Fusilier v. Dauterive

779 So. 2d 950 · Louisiana Court of Appeal · Jan 10, 2001

LAW AND ANALYSIS Once it has been determined that the trier of fact is clearly wrong, the appellate court is empowered by La.Code Civ.P. art. 2164 to render "any judgment which is just, legal, and proper upon the record on … The cost of these expenses was in no way established to any degree of certainty on the record. The Louisiana Supreme Court addressed this issue in Stiles v.

State v. Johnson

2 So. 3d 606 · Louisiana Court of Appeal · Jan 28, 2009

The defendant claims that the allegations were not established by clear and convincing evidence. He urges that the trial court failed to establish, as required by La. … R.A.’s use of the word “rape” was clearly an attempt by her to describe nonconsen-sual sexual intercourse.

State v. Carter

987 So. 2d 364 · Louisiana Court of Appeal · Jun 18, 2008

Jennifer Valentine, qualified as an expert witness in DNA analysis, testified that she performed the DNA analysis in this case. … Nevertheless, the record clearly shows that an overall summary of the statement was provided to the defense.

Morris L. Maynard v. Ricky Hatfield

Louisiana Court of Appeal · Jun 2, 2010

To the contrary, the record clearly indicates that Mr. Hatfield had previously filed a Motion for Summary Judgment on the issue of whether Mr. … Hatfield failed to establish that Mr. Maynard’s use of Pike Electric’s vehicle was an incident of his employment with Pike Electric. Consequently, genuine issues of material fact remain as to whether Mr.

State v. Weber

120 So. 3d 328 · Louisiana Court of Appeal · Jun 27, 2013

Subject only to a few well-established exceptions, a search or seizure conducted without a warrant issued upon probable cause is constitutionally prohibited. … Based on this evidence, the record clearly does not establish that Trooper Ballard had reasonable grounds to believe that the unconscious person before him at the hospital was the driver of the truck any more than either

In the Interest of J.B.A.

914 So. 2d 654 · Louisiana Court of Appeal · Oct 26, 2005

wrong based on the evidence or clearly without evidentiary support. … Thomas has vast experience in counseling children in similar cases and has been qualified and testified as an expert in this field in hundreds of cases.

Hazelwood Farm, Inc. v. Liberty Oil and Gas Corp.

2002 La.App. 3 Cir. 266 · Louisiana Court of Appeal · Apr 2, 2003

Of the twenty-five witnesses who testified sixteen were qualified as experts. … We recognize that by definition a stipulation pour autrui establishes a benefit in favor of a person and not an estate. La.Civ. Code art.1978.

Ned v. Union Pacific Corp.

14 La.App. 3 Cir. 1310 · Louisiana Court of Appeal · Apr 15, 2015

Where business records are concerned, as in the present case, the courts have deemed La.C.C.P. art. 967 satisfied when the affiant is qualified to identify the business records as such. … The trial court stated that although it “may not have issued an order pursuant to” the previous conference, it “thought I,fit was pretty clearly understood that we had some deadlines regarding filings in anticipation of today