Case law

State of Louisiana v. Woodrow Karey, Jr. AKA Woodrow Karey, II

Louisiana Court of Appeal · Nov 12, 2015

This court noted that the defendant enjoyed “equitable immunity” as to the prosecution in Rapides Parish. … Sandifer was of the opinion that the criminal act was clearly one of second degree murder.

Herman Lee Hooper v. Louisiana Pigment Company, Lp

Louisiana Court of Appeal · May 13, 2020

The plan in Wendelboe clearly expressed an intent to avoid double-liability. … They clearly appreciated Mr. Hooper’s impact.

Livestock Producers, Inc. v. Littleton

748 So. 2d 537 · Louisiana Court of Appeal · Nov 19, 1999

Said another way, findings of fact will not be disturbed unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly wrong or manifestly erroneous. Rosell v. … Accordingly, this finding by the trial court is manifestly erroneous and clearly wrong and is reversed.

State of Louisiana v. Erick Williams

Louisiana Court of Appeal · Feb 26, 2025

Kari Dicken (“Dicken”), a forensic DNA analyst with the crime lab, qualified as an expert in forensic DNA at trial. … The record clearly shows that Williams was notified of the crime against nature charge involving sexual intercourse with his biological daughter throughout pleadings, pretrial investigations, preliminary matters, and the

State v. Thomas

16 La.App. 5 Cir. 578 · Louisiana Court of Appeal · Apr 19, 2017

“However an expert witness may not give expert testimony beyond the scope of the field of expertise in which he is qualified.” Id. … Shimer would be qualified as an expert in any field. While Defendant acknowledges that he stipulated as to Dr. Shimer’s expertise as a surgeon, he nonetheless contends that the State did not establish Dr.

Monroe Medical Clinic, Inc. v. Hospital Corp. of Am.

622 So. 2d 760 · Louisiana Court of Appeal · Jul 21, 1993

The jury's finding of liability on the part of HCA is supported by the evidence and is not clearly wrong. … ESCO, supra , any finding by the jury based upon the testimony of these witnesses is manifestly erroneous and clearly wrong.

Ariatti v. Plaisance

255 So. 3d 1239 · Louisiana Court of Appeal · Sep 13, 2018

Ariatti had carried her burden of establishing domestic abuse. Pursuant to La. … Ariatti has not established that the trial court abused his discretion by disallowing this testimony.

John Johnson, Individually and as a Representative of the Class of Those Similarly Situated v. Orleans Parish School Board, Xyz Insurance Company, City of New Orleans and Abc Insurance Company

Louisiana Court of Appeal · May 31, 2023

He received a list of the qualifying properties from Special Master Valteau that included 88 properties on the ASL and 173 properties in the Adjacent Area. … Damage awards will only be disturbed when the district court has clearly abused that discretion. La. Civ. Code art. 2324.1; Williams v.

Torrejon v. Mobil Oil Co.

876 So. 2d 877 · Louisiana Court of Appeal · Jun 2, 2004

Roggli, who was qualified as an expert pathologist in the field of asbestos-related diseases, testified as an expert for plaintiff. Dr. Roggli testified that he reviewed Mr. Torrejon's medical records and Dr. … Moreover, the trial court judge at the hearing stated that she clearly intended to award that "envelope lump sum" for Mr. *896 Torrejon's general damages.

Johnston v. Delta Coating

2002 La.App. 5 Cir. 115 · Louisiana Court of Appeal · Jun 26, 2002

clearly wrong when viewed in light of the entire record. … Plaintiffs testimony established that he reported this accident immediately and received treatment the same day. This testimony was uncontroverted.

Zanco v. Zanco

703 So. 2d 745 · Louisiana Court of Appeal · Nov 12, 1997

It has been the long established rule that the "best interest of the child" determination is within the exclusive province of the trial court. W.M.E. v. E.J.E., 619 So.2d 707, 711 (La.App. 3rd Cir.1993). … On appellate review, a trial court's determination of child custody is entitled to great weight and will not be disturbed unless the trial court clearly abused its discretion. Robert v.

Joshua McBurnie v. New Orleans Police Department

Louisiana Court of Appeal · Sep 28, 2022

App. 4 Cir. 11/2/09), 25 So.3d 966, 969, as follows: Appellate courts review the factual findings of the CSC using the clearly erroneous/manifest error standard of review. Madison v. … In the case sub judice, having determined that NOPD properly found that Officer McBurnie applied his taser more than two times, Officer McBurnie’s use of force qualifies as a Level 4 offense.

McMahon v. Louisiana Ins. Guar. Ass'n

596 So. 2d 1384 · Louisiana Court of Appeal · Mar 6, 1992

As long as the claimant or the insured legally resides in Louisiana, it is immaterial that either may also qualify for residence in a state other than Louisiana. … Clearly, each of the five claimants had a personal cause of action for damages suffered as a result of Mr.

State v. Alvarez

0 La.App. 4 Cir. 0819 · Louisiana Court of Appeal · Jul 18, 2001

New Orleans Police Criminalist William Giblin was qualified by stipulation as an expert in identifying and analyzing controlled dangerous substances. … Clearly, the trial court did not suggest to the jurors to rethink their positions in an effort to join the majority’s opinion. *886 Rather he simply suggested that they “talk about this a little more.”

Mouton v. Romain

153 So. 2d 890 · Louisiana Court of Appeal · Apr 9, 1963

Early statements of the law to such seeming effect, however, have been qualified by more recent holdings of the Supreme Court. … The defendants are a stable couple, owning and managing an established business, with three other children— all boys, aged 9, 6, and 3 (the latter two of them also adoptive).

State of Louisiana v. Howard E. Blue

Louisiana Court of Appeal · Aug 21, 2025

At trial, the court qualified her as an expert in child sexual abuse and disclosures. Dr. Troy reported that the victim provided her a “clear and detailed history of having being touched by” Defendant. … Defendant has not demonstrated that the jury’s factual findings were clearly contrary to the evidence.

State Of Louisiana v. Christopher Deandre Thornton

Louisiana Court of Appeal · Jul 23, 2020

attempting to qualify Mr. Malone as an expert witness. Mr. … The trial testimony clearly shows that multiple gunshots were heard at the corner of Gus Young Avenue and North 44th Street in Baton Rouge, Louisiana, on December 8, 2014.

State v. Horne

679 So. 2d 953 · Louisiana Court of Appeal · Aug 21, 1996

Ware, to establish his insanity. Dr. Ware and the state's expert, Dr. … The jury, faced with a choice between the reasoned opinions of two experts, was not clearly wrong to find the defendant sane at the time of the offense. The remaining assignment of error was neither briefed or argued.

State v. Gasser

275 So. 3d 976 · Louisiana Court of Appeal · Jul 3, 2019

Specifically, defendant argues that the evidence at trial conclusively established that Mr. … Apart from the "unlawful activity" and "has a right to be" qualifiers, Section C recognizes that a person may "meet force with force." We recognize, in light of La.

Wilkins v. STATE, DOTD

526 So. 2d 308 · Louisiana Court of Appeal · May 11, 1988

There, the Wilkinses qualified as joint guardians of the child and his estate in proceedings entitled, "In the Matter of Kenneth Troy Gallaghan, a Minor", Probate Number 15744, Second Judicial District Court of Weber County … In short I believe that if there is an issue to be established, it's incumbent upon the opponent to the motion for summary judgment to make the appropriate filings to establish that an issue does, in truth and in fact, exist