Case law

Bourgeois v. Bourgeois

16 La.App. 5 Cir. 676 · Louisiana Court of Appeal · Apr 12, 2017

Van Beyer, a licensed social worker and qualified expert in child development, family therapy, and custody evaluations, to conduct an evaluation in this case. Dr. … However, we find the evidence clearly supports the contrary. The report and the expert testimony of Dr.

State v. Grimes

109 So. 3d 1007 · Louisiana Court of Appeal · Feb 20, 2013

The analyst’s analysis had been reviewed by a reviewer who had certified that the analyst was qualified to conduct the BAC test, and that the “established procedure” for handling and analyzing [the defendant’s] sample “had … However, the trial court clearly rejected the argument.

State v. Willis

510 So. 2d 411 · Louisiana Court of Appeal · Jun 10, 1987

In either event, the prosecution's reference to the defendant's conduct qualifies as an exception to the general prohibition against reference to other crimes and it is not necessary to balance the probative value of the … Where the record clearly shows an adequate factual basis for the sentence imposed, remand is unnecessary even where there has not been full compliance with article 894.1. State v. Lanclos, 419 So.2d 475 (La.1982).

Miller v. Thibeaux

184 So. 3d 856 · Louisiana Court of Appeal · Jan 27, 2016

Miller sought to establish before trial the merits of his avowal action filed in connection with his wrongful death and survival action. … Miller adequately established paternity for purposes of his avowal action and wrongful death and survival claims. 2.

In Re RLV

484 So. 2d 206 · Louisiana Court of Appeal · Feb 25, 1986

Referential and qualifying words and phrases, where no contrary intention appears, refer solely to the last antecedent. … Statutes and jurisprudence did not require a written act of surrender as a prerequisite to establishing a basis for private adoption.

State v. In the Interest of Two Children

477 So. 2d 883 · Louisiana Court of Appeal · Oct 11, 1985

(tr-512) (emphasis in original) The findings of fact of the trial court are clearly supported by the children’s testimony and by that of the doctors who have examined them throughout this period. … She added that the previous incident of abuse in Maryland and the parents’ lack of response thereto made her question whether (“Y”) could ever re-establish a relationship with his parents.

Nola Title Company, L.L.C. v. Archon Information Systems, LLC D/B/A Civicsource, Civicsource Holdings, LLC, Civicsource Title, LLC, Mississippi Guaranty Company, Bryan Barrios, Michael Kirschman and Stephen Morel

Louisiana Court of Appeal · Apr 13, 2023

Yorsch establish that the parties understood there would be a formal, written agreement. … Ormsby, qualified the recital of the settlement on the record. Mr.

State v. Massey

11 La.App. 5 Cir. 357 · Louisiana Court of Appeal · Mar 27, 2012

After being qualified as an expert in the field of firearms examination, Walzer testified that she examined various firearms evidence in this case. … “[A] trial court’s ruling on the issue of discriminatory intent must be sustained unless it is clearly erroneous.” Snyder v.

State v. Jones

2015 La.App. 4 Cir. 0956 · Louisiana Court of Appeal · Mar 22, 2017

And, we will only tread on a jury’s presumed acceptance of a witness’s testimony when that testimony is implausible or clearly contrary to the evidence. See State v. … As noted above, witness testimony will be upheld unless it is implausible or clearly contrary to the evidence. See Mussall, 523 So.2d at 1311 ; Armstead , at p. 12, 159 So.3d at 512 . Clearly, the jury found Mr.

James Crawford Bailey v. Veolia Environmental Services

Louisiana Court of Appeal · Jan 31, 2018

If we find that the WCJ was clearly wrong in her determination that the employee failed to establish untimely payment of prescription medication, we must determine whether the WCJ erred in her denial of penalties and attorney … We agree with Veolia that an employer’s voluntary payment does not qualify as an admission of liability. Under La.R.S. 23:1203(A), the employer must provide necessary medical treatment.

State of Louisiana v. Eric Joseph Smith

Louisiana Court of Appeal · Feb 9, 2011

Further, he had been granted immunity for his testimony. Cyriak testified that he sold crack cocaine five to seven times a day. … Further, the cell phone records of the Defendant, Cyriak, and Granville supported the contacts and time line established by Cyriak and Granville.

Nicholson v. Holloway Planting Co.

216 So. 2d 562 · Louisiana Court of Appeal · Apr 8, 1968

While plaintiff has the unquestioned right to improve his plantation for agricultural purposes and may construct thereon such artificial means of drainage as he desires, his right to do so is qualified by law. … Clearly such exercise of plaintiff’s servitude would render the obligation of the servient estate more onerous contradictory to the express terms of the applicable statute.

State v. Henderson

945 So. 2d 194 · Louisiana Court of Appeal · Dec 13, 2006

The court noted that generally the sentences imposed would be concurrent, but the defendant "clearly fits the exception to that rule." … Considering the defendant's criminal history and the seriousness of the offenses, these sentences clearly are not excessive.

Tanner v. Lafayette City-Parish Consol. Gov't

273 So. 3d 382 · Louisiana Court of Appeal · May 22, 2019

He says the cover here, in his layman's opinion, is not in the wheel path of vehicles, but he is not a qualified expert. … The architectural plans for the restaurant clearly indicate that the north wall was supposed to be bolted to the structural steel. Dr.

State v. Joyner

2011 La.App. 4 Cir. 1397 · Louisiana Court of Appeal · Oct 24, 2012

Anna Duggar, Director of the NOPD Crime Lab, was qualified by stipulation as an expert in latent prints. … Joyner has failed to establish that the former testimony of Officer Mitchell was nonhearsay under La.

Westberry v. Nguyen

94 La.App. 4 Cir. 1495 · Louisiana Court of Appeal · Feb 23, 1995

LIGA also argues that the testimony of David Daube, President of Sun Premium Finance Company, and the evidence clearly establish that the subject insurance policy was properly canceled in accordance with La.R.S. 9:3550 G … IsLIGA claims that *1221 Daube was custodian of the records and was qualified to testify about the authenticity of the documents, which were admissible as business records under La.C.E. Art. 803(6).

Fayard v. Landry

94 La.App. 5 Cir. 594 · Louisiana Court of Appeal · Feb 15, 1995

The board of highways shall control signal lights and traffic other than parking on highways in the state system established hereby. … Clearly, the trial judge intended to do so. Thus, Fayard is entitled to a total damage award in the amount of $258,787.99.

Tanner v. Lafayette City-Parish Consol. Gov't

273 So. 3d 382 · Louisiana Court of Appeal · May 22, 2019

He says the cover here, in his layman's opinion, is not in the wheel path of vehicles, but he is not a qualified expert. … The architectural plans for the restaurant clearly indicate that the north wall was supposed to be bolted to the structural steel. Dr.

Dever v. Employers Liability Assurance Corp.

266 So. 2d 455 · Louisiana Court of Appeal · Jul 19, 1972

The testimony of the expert produced to establish the cause of the fall was, of course, predicated upon hypothetical questions. … The crane operator clearly testified that he gave no signal that he was lowering the boom.

Clinton v. City of West Monroe

187 So. 561 · Louisiana Court of Appeal · Jan 10, 1939

The municipality, in such circumstances, acts as the agent of the state, the representative of sovereignity, and is immune from liability for damages caused by its own public agents or servants. … The holdings therein do not contravene what the court so clearly held and announced in the Howard case, supra. The exceptions, for the above assigned reasons, are not well founded and are now overruled.