Case law

State v. Fields

2013 La.App. 4 Cir. 1493 · Louisiana Court of Appeal · Oct 8, 2014

NOPD Crime Lab Criminalist Corey Hall was qualified by the court as an expert in the field of chemical analysis of narcotics. Mr. … Such defense questioning of these jurors was clearly directed to establishing that in fact the particular juror could be fair and impartial to the state.

State v. Evins

626 So. 2d 480 · Louisiana Court of Appeal · Nov 3, 1993

However, this mandate is qualified in that the court may exempt any witness from the order "in the interests of justice." LSA-C.E. art. 615. … Hawkins' testimony, he clearly stated that he did in fact consent to the search of his mobile home. Mr.

State v. Westfall

446 So. 2d 1292 · Louisiana Court of Appeal · Feb 21, 1984

At the hearing on the motion to suppress, it was clearly established that the affidavit in support of the search warrant in the instant case was based entirely on "hearsay". The affiant, Jimmy B. … Aggravated kidnapping is the doing of any of the following acts with the intent thereby to force the victim, or some other person, to give up anything of apparent present or prospective value, or to grant any advantage or immunity

State ex rel. Hair

99 La.App. 3 Cir. 1043 · Louisiana Court of Appeal · Feb 2, 2000

Hair did not see a fourth psychiatrist, as the- State demanded, the record is replete with competent medical evidence, from eminently qualified psychiatrists, establishing that the State’s original assumption was groundless … His disbelief is clearly and undoubtedly erroneous from the face of the record and the physical evidence. *772 And finally, before faulting Ms.

State of Louisiana v. Jonathan Hogg

Louisiana Court of Appeal · May 22, 2023

Hogg also claimed that he believed immunity or the promise thereof was given to certain witnesses by the State, which was not disclosed. … Brown, 16-0998 (La. 1/28/22), 347 So. 3d 745, is factually similar to this case and speaks clearly to the Brady issue.

First Bank & Trust v. Tedesco

2012 La.App. 4 Cir. 0774 · Louisiana Court of Appeal · Dec 5, 2012

An agreement to become a surety must be expressed clearly and must be construed within the limits intended by the parties to the agreement. Placid Refining Co. v. … The Bourgeois case is distinguishable from the instant matter as there is no dispute that the appraisers in this case were qualified. Mr. Kimball prepared two separate appraisals, both of which he electronically signed.

State v. Helsley

457 So. 2d 707 · Louisiana Court of Appeal · Sep 26, 1984

Defendant was clearly informed of the charges pending against him and expressly stated that he understood those charges. … In fact, nothing in the record would lend support to a conclusion that the trial judge erred in finding Candace to be qualified to be a witness. Consequently, this assignment of error is without merit. C.

Lewis v. Hayes

659 So. 2d 515 · Louisiana Court of Appeal · Jul 26, 1995

Generally an insurer must establish that an exclusion for intentional injury is applicable in a particular situation. Yount v. Maisano, 627 So.2d 148, 151 (La.1993); Great American Ins. Co. v. … The jury was clearly wrong in concluding otherwise.

Beatty v. Vining

147 So. 2d 37 · Louisiana Court of Appeal · Oct 26, 1962

This debt was clearly prescribed and extinguished by the prescription of three years under LSA-C.C. Art. 3538 before the community of acquets and gains was dissolved. … To that extent, the report was clearly inadmissible and, as to such matters, has not been considered.

State v. Campbell

715 So. 2d 488 · Louisiana Court of Appeal · May 20, 1998

Terry Cummings was qualified as an expert in the field of pediatric and general medicine. He testified he had examined approximately one hundred patients with active herpes infections. Dr. … The evidence established that the victim now has the same strain of herpes for which Campbell has antibodies.

George E. "Eric" Hatfield, Amy Leigh Senn, Minor Child, T.R.H., Minor Child, B.C.H. v. Bobby Herring, Det. with Caddo Parish Sheriff Dept., Danny Lawler, Member/Manager/Auctioneer with Danny Lawler Enterprises, LLC, Ken Lawler, David Lawler

Louisiana Court of Appeal · Aug 11, 2021

At all times relative herein, Hatfield held public elected office and was also either a candidate who qualified for an upcoming election for Sheriff of Caddo Parish in 2015 and 2019, or had announced he would be a candidate … These are clearly expressions of opinion and not sufficient to show a probability of success on defamation action.

In Re Succession of Horrell

2007 La.App. 4 Cir. 1533 · Louisiana Court of Appeal · Oct 1, 2008

In that appeal, Walter Horrell contended that he was qualified to serve as administrator of this succession. … Appellate courts review the imposition of sanctions using the manifest error/clearly wrong standard. Mathis v. Mathis, 06-1589, p. 3 (La.App. 4 Cir. 7/25/07), 964 So.2d 426, 428 .

State v. Genter

872 So. 2d 552 · Louisiana Court of Appeal · Apr 7, 2004

The court qualified Joseph Tafaro, a criminalist for the N.O.P.D. crime lab, as an expert in forensic hair comparison. Mr. … A fact-finder's credibility decision should not be disturbed unless it is clearly contrary to the evidence. State v.

State of Louisiana v. Demetrius D. Nash

Louisiana Court of Appeal · May 3, 2023

Clearly, the trial court denied Defendant’s post-conviction actual innocence claim in the ruling. … And the Court finds that the Affidavit does qualify as an Exception to the time limitations.

State v. Harris

230 So. 3d 285 · Louisiana Court of Appeal · Oct 25, 2017

Anne Troy, qualified as an expert as a pediatric nurse practitioner, specializing in child maltreatment, including physical, mental, and sexual abuse, testified that while she did not personally examine A.R. and R.G., she … In this case, the jury clearly believed R.G.’s testimony in rendering its verdict.

Perret v. Nelson

98 La.App. 5 Cir. 393 · Louisiana Court of Appeal · Nov 25, 1998

Sunseri does not meet the four criteria to qualify as scientific evidence. Specifically, plaintiffs argue that Mr. … In Daubert, the Supreme Court replaced the previously used standard of admissibility of expert testimony established in Frye v. United States, 54 App.D.C.46, 293 F. 1013 (1923) with a new standard.

Fleming v. Concordia Parish School Board

275 So. 2d 795 · Louisiana Court of Appeal · Apr 9, 1973

The above-stated rule of administrative law was clearly applied in Brahy v. … In my opinion, the evidence in this case establishes that plaintiff was an efficient teacher.

State v. Morris

2009 La.App. 1 Cir. 0422 · Louisiana Court of Appeal · Sep 11, 2009

R.S. 14:21 qualifies the foregoing by providing: A person who is the aggressor or who brings on a difficulty cannot claim the right of self-defense unless he withdraws from the conflict in good faith and in such a manner … The court in Lombard found that the jury erred in finding the defendant guilty of second degree murder, rather than manslaughter, because a preponderance of the evidence clearly showed that the defendant committed the offense

Lewis v. Adams

679 So. 2d 493 · Louisiana Court of Appeal · Aug 21, 1996

LAW Injunctive Relief A temporary restraining order shall be granted without notice when it clearly appears from the specific facts shown by a verified petition or by supporting affidavit that immediate and irreparable injury … No evidence was presented to establish the basis for the amount awarded. No legal authority is cited by Mrs. Lewis in support of this award. Most significantly, since we have determined that Mrs.

State v. Stewart

2013 La.App. 4 Cir. 0779 · Louisiana Court of Appeal · Jan 22, 2014

. *169 The parties stipulated that Glenn Guil-lot, if called to testify, would have been qualified as an expert in narcotics testing and analysis. The parties also stipulated to the contents of Mr. … Generally, a trial court’s ruling on a motion to suppress a statement is entitled to great weight and will not be disturbed unless clearly unsupported by the evidence. Id., at p. 6, 820 So.2d at 537 .