Case law

State v. Hersman

511 So. 2d 476 · Louisiana Court of Appeal · Jul 14, 1987

"[A] blanket prohibition against the taking of voluntary statements or a permanent immunity from further interrogation, regardless of the circumstances, would transform the Miranda safeguards into wholly irrational obstacles … When, as in the case at bar, a desire for immediate talk clearly appears from the suspect's words and conduct, but he also states he wants a lawyer ( i.e., "I would like to have a lawyer, but I would rather talk to you"),

State In Interest Of G.H.

265 So. 3d 960 · Louisiana Court of Appeal · Jan 30, 2019

I believe former foster parents seeking to adopt a child could qualify as "interested persons" who can seek leave to intervene upon a showing of good cause. I also disagree with the majority's decision to deny C.V.' … We only review issues submitted to the trial court, unless the interest of justice clearly requires otherwise. Uniform Rules, Courts of Appeal, Rule 1-3.

Credit Bureau Services v. Steven C. Lundberg

Louisiana Court of Appeal · May 6, 2009

The evidence establishes that on April 14, 2004, Mr. … We do find manifest error in this factual conclusion as the hospital records establish that Mr.

Reggio v. Louisiana Gas Service Co.

333 So. 2d 395 · Louisiana Court of Appeal · May 18, 1976

Clearly, at the time of the stipulation, defendants had notice of the impending lawsuit. The record further indicates that two days after the explosion, LGS removed the damaged service line. … Well established in our jurisprudence is the rule that the degree of care owed others increases in relation to the increase in the inherent danger. Culpepper v.

Michael McCallon v. Key Energy Services, LLC

Louisiana Court of Appeal · Apr 24, 2019

Megan Smith, Key Energy Services workforce coordinator in Williston, testified that Key Energy Services established its travel program as an incentive to attract qualified employees to work in Williston, that the employee … McCallon’s claims is contrary to well- established jurisprudence, and the single case it cites in support of its position is clearly inapposite to the facts herein.

Talton v. USAA Cas. Ins. Co.

981 So. 2d 696 · Louisiana Court of Appeal · Mar 19, 2008

that the finding is clearly wrong (manifestly erroneous). … Omni was clearly in bad faith in handling this claim.

Foti v. Montero

136 So. 2d 784 · Louisiana Court of Appeal · Dec 27, 1961

under the provisions of Law; to formally define, determine and assign the administrative functions of each superintendent of the respective departments under the provisions of law; and to formally define, determine and establish … ■Of course when we state that the council could remove an officer without cause it is qualified so as not to include an officer whose term is fixed by law. Such officials can only be removed for cause. Also see Keefe v.

State v. Robinson

11 La.App. 5 Cir. 12 · Louisiana Court of Appeal · Dec 29, 2011

Kelly Carrigan, latent fingerprint technician with the Jefferson Parish Sheriffs Office, was qualified by the trial court as an expert in latent fingerprint analysis. … However, Holland, supra, Bell, supra, and Jackson, supra, are clearly distinguishable from the present matter. In Holland, supra, the defendant was a passenger in a vehicle driven by James C. Moore.

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.

State Farm Fire & Casualty Co. v. Louisiana Insurance Rating Commission

97 La.App. 1 Cir. 0368 · Louisiana Court of Appeal · Apr 8, 1998

Historically, when reviewing the factual findings of an administrative agency, such as the LIRC, the appellate court was required to apply the manifestly erroneous or clearly wrong standard of review. La. … Additionally, State Farm suggests that the LIRC decision was made on unlawful procedure due to its failure to hold a hearing within the 30-day time period established under La.

State of Louisiana in the Interest of K.W., M.A., E.G., Z.W., C.W., K.W.

Louisiana Court of Appeal · Jan 12, 2022

She continued counseling, with the exception of a period of approximately one month due to her inability to qualify for Texas Medicaid from earnings being too high. … To reverse a trial court’s permanency plan determination, an appellate court must find from the record that the trial court’s finding is clearly wrong or manifestly erroneous. State in Interest of D.E., 52,305 (La.

State v. Zeigler

920 So. 2d 949 · Louisiana Court of Appeal · Jan 25, 2006

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 … In the instant case, a review of the record clearly shows that the evidence was sufficient to support Zeigler's conviction, even without consideration of the questioned testimony.

Mary Elizabeth Granger v. B & B Farms of Mamou, Inc.

Louisiana Court of Appeal · Jul 27, 2016

Thus, Mitch and Jimmie were left with the work of stocking the crawfish, work that most certainly would qualify as manual labor. … Performing work for a tractor that is used in the crawfish business clearly qualifies as services arising out of and incidental to Jimmie’s employment and was a part of the principal’s trade, business or occupation.”

State of Louisiana v. Leo Paul Thibodeaux, Jr.

Louisiana Court of Appeal · Mar 15, 2017

I think he‟s more than qualified to do this. … The jury was clearly instructed that it could return a verdict of guilty to the lesser included offense of manslaughter.

International Paper Company v. Sheriff William Earl Hilton

Louisiana Court of Appeal · Nov 15, 2006

Id. at 574.1 Additionally, we quoted the trial court’s judgment, which stated: Obviously, the primary purpose of RS 33:130.15 and 130.16 is not to offer tax incentives or to grant immunity or … The appellate court disagreed stating: Clearly, the residents of an unincorporated area do not have greater rights than the residents of a municipal corporation.

Derek Blaine Baumbouree v. Sharon Meche Baumbouree

Louisiana Court of Appeal · Jul 13, 2016

The sell/buy provisions of Articles IV and VI were valid and binding stock transfer restrictions, and clearly governed the valuation of the stock. … Instead, such restrictions “merely qualify the privilege of disposition of the stock.” Rao v. Rao, 927 So.2d 356 (La.App. 1 Cir. 2005), writ denied, 925 So.2d 1232 (La. 2006).

Covington v. McNeese State University

11 La.App. 3 Cir. 1077 · Louisiana Court of Appeal · Sep 5, 2012

On a motion for summary judgment in 2007, the district court found Cov-ington was entitled to a judgment as a matter of law on the following issues: (1) McNeese was not immune from suit under U.S. Const, amend. … Clearly, the “customary fee” is also subsumed by the lodestar as the reasonable fee is the second named lodestar factor.

State of Louisiana v. Chet K. Whatley

Louisiana Court of Appeal · Nov 5, 2003

Thus, we find the Defendant’s argument that his status as co-owner immunized him from criminal liability for simple criminal damage lacks merit. … , then, of course, an attorney could be appointed to represent you if you qualify.

National Union Fire Ins. Co. v. Harrington

854 So. 2d 880 · Louisiana Court of Appeal · Apr 17, 2003

On appeal, a trial court's acceptance of a witness as an expert will not be disturbed, unless it is clearly erroneous. Id. Mr. … The burden of proof is on the person denying knowledge of the document to establish that they were deceived. Id. Mr.

Cornett v. STATE THROUGH WO MOSS REG. HOSP

614 So. 2d 189 · Louisiana Court of Appeal · Feb 3, 1993

Martin Lewis Bell as an expert qualified to testify as to the standard of care applicable to the defendant hospital. Dr. … We cannot say that the penalties for frivolous appeal are clearly due in this case. We affirm.