Case law
Opinions from 1658 to today.
8,141 results
1.18s
733 So. 2d 716 · Louisiana Court of Appeal · May 5, 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 beyond a reasonable … While the officer did not testify that he was certified to administer the test, the record indicated that he was qualified to do so. State v. Garris, supra .
Cited 16 timesPublishedState 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.
Cited 0 timesUnknown798 So. 2d 1057 · Louisiana Court of Appeal · Sep 13, 2001
The trial court decision to deny a motion to suppress is afforded great *1071 weight and it will not be set aside unless the evidence clearly favors suppression. State v. … The State has not seen to qualify him as an expert based on his training and experience. So, with that, over the objection of the defense, as a lay opinion only. (R., pp. 822-825).
Cited 13 timesPublished9 La.App. 3 Cir. 1313 · Louisiana Court of Appeal · May 5, 2010
A trial court’s denial of a motion to suppress is afforded great weight and will not be set aside unless a preponderance of the evidence clearly favors suppression. State v. … approval by the trial court. hvCONVICTION AFFIRMED; REMANDED FOR ESTABLISHMENT OF PAYMENT PLAN.
Cited 15 timesPublished2009 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
Cited 9 timesPublished2015 La.App. 4 Cir. 0456 · Louisiana Court of Appeal · Sep 23, 2015
The evidence clearly establishes that Mr. Davis and Ms. Leonard had been dating for a few years and staying 16 together overnight at some point pri- or to the incident. Ms. … Davis argues, and the record clearly reflects, that the state failed to elicit from Ms. Leonard any. testimony that established, directly or by inference (relative to the definition of “household member”), that Mr.
Cited 2 timesPublishedIn Re: Medical Review Panel Proceedings of Travis Porche (D); Pcf File No. 2021-00615.
Louisiana Court of Appeal · May 30, 2025
that the use of the word ‘shall’ establishes a mandatory duty.” … In this matter, NP Burchfield clearly asserts a privilege as to certain documents.
Cited 0 timesPublishedTaylor v. Louisiana Mutual Medical Insurance Co.
2014 La.App. 4 Cir. 0727 · Louisiana Court of Appeal · Jan 14, 2015
Accordingly, we may not set aside a trial court’s finding of fact in the, absence of “manifest error” or unless it is “clearly wrong.” Id., 549 So.2d at 844 . … Nolan qualified this concession: Yeah. And it’s been espoused.
Cited 3 timesPublishedArdaman & Associates, Inc. v. French Engineering, Inc. And Cooterville Sand & Gravel, LLC.
Louisiana Court of Appeal · Nov 19, 2025
The burden is on the adverse party to produce factual support sufficient to establish the existence of a genuine issue of material fact or that the mover is not entitled to judgment as a matter of law. Id. … It was French that was obliged to clearly state in the contract what it required of Ardaman.
Cited 0 timesPublishedLouisiana Court of Appeal · Aug 7, 2019
As noted by the Deer Enterprises court, a privilege is a special legal right, exemption, or immunity granted to a person or class of persons; an exception to a duty. … Act 171 clearly bears a real and substantial relationship with the goals of hospital service district boards. See e. g., La. R.S. 46: 1052 and 1055.
Cited 0 timesUnknownSnavely v. ACE Pain Mgmt., LLC
258 So. 3d 37 · Louisiana Court of Appeal · Dec 13, 2017
Rice was a qualified healthcare provider entitled to a medical review panel. … Defendants were clearly aware of the perceived problems with Ms.
Cited 1 timesPublishedLouisiana Court of Appeal · Aug 13, 2020
LAW AND ANALYSIS To qualify as a candidate for public office, a candidate is required to file a Notice of Candidacy. LSA-R.S. 18: 461. … In fact, Wicker' s testimony establishes that she filed a 2016 " replacement" return on August 3, 2020. Such an action clearly establishes that the 2016 tax return was not part of LDR' s records as of July 22, 2020.
Cited 0 timesUnknownState Department of Highways v. Kornman
336 So. 2d 220 · Louisiana Court of Appeal · Jun 30, 1976
In expropriation cases much discretion is granted to trial judges in weighing the testimony of experts, and findings of value based upon such evidence will not be disturbed unless clearly erroneous. … Plaintiff also asserts that the $240 award to John Carr for his appraisal of the stone entranceway was improper since Carr was not qualified as an expert at the trial.
Cited 15 timesPublishedJohn Mantiply and Melissa Sue Mantiply v. Joseph I. Hoffman, Jr., M.D.
Louisiana Court of Appeal · Jan 16, 2019
that the factfinder is clearly wrong or manifestly erroneous. … basis does not exist for the jury’s finding; and 2) the record establishes that the factfinder is clearly wrong.” Stobart, 617 So.2d at 882.
Cited 0 timesUnknownRodriguez v. Bollinger Gulf Repair
985 So. 2d 305 · Louisiana Court of Appeal · May 21, 2008
Seventh Circuit Court of Appeals: Filing a case under a false name deliberately, and without sufficient justification, certainly qualifies as flagrant contempt for the judicial process and amounts to behavior that transcends … Soaks, 105 Mich.App. 73 , 306 N.W.2d 399, 402 (1981)(noting that "the matter of plaintiff's status as an illegal alien was clearly irrelevant on the question of liability"). [3] Justice Breyer was joined by Justices Stevens
Cited 5 timesPublishedPatricia Ann Wherland, Et Ux. v. Carl P. Fastabend, M. D.
Louisiana Court of Appeal · Feb 22, 2012
The Louisiana Medical Malpractice Act requires that all claims against qualified health care providers be instituted by filing a request for review with the Division of Administration. La.R.S. 40:1299.47. … The defendant’s burden to prove that this claim prescribed would have shifted to the plaintiff had the petition clearly set forth the four necessary dates.
Cited 0 timesUnknownJoseph Arnaud v. United Specialty Insurance Company
Louisiana Court of Appeal · Feb 5, 2020
that the fact finder is clearly wrong or manifestly erroneous. … Moreover, a plaintiff-in-reconvention bears the burden of establishing his claim in the same manner as the plaintiff in the main demand.
Cited 0 timesUnknown896 So. 2d 237 · Louisiana Court of Appeal · Feb 2, 2005
Defendants argue that this award is clearly excessive. In support, Defendants rely solely on Chapman v. Regional Transit Authority/TSMEL, 95-2620 (La.App. 4 Cir. 10/2/96) , 681 So.2d 1301 . … Jones' treating physicians testified that there were five objective tests that they believed established her lower back injury at the L5-S1 level.
Cited 12 timesPublished2008 La.App. 1 Cir. 0813 · Louisiana Court of Appeal · Dec 23, 2008
Such a substantive expansion of the scope of practice clearly constitutes a rule within the meaning of La. R.S. 49:951(6). … However, where a prior disposition is clearly erroneous and will create a grave injustice, it should be reconsidered.
Cited 5 timesPublished511 So. 2d 1223 · Louisiana Court of Appeal · Aug 19, 1987
However, in order for the deposit to qualify as a valid tender, it must be unconditional. Schramm v. Toye Bros. Yellow Cab Co., 169 So. 116 (Orl.Cir.1936), amended on rehearing 170 So. 44 (Orl.Cir.1936); Pichauffe v. … Canada and $341 to Allstate; this does not clearly account for Mrs. Canada's legal interest.
Cited 8 timesPublished
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