Case law

State v. Vail

236 So. 3d 644 · Louisiana Court of Appeal · Dec 28, 2017

However, the exchange at sentencing between the court and defense counsel clearly reflects an understanding by all parties that the sentence is a hard labor sentence. … Baden was qualified as an expert in forensic pathology after his extensive history in forensics was discussed.

Herbert v. Travelers Indemnity Company

193 So. 2d 330 · Louisiana Court of Appeal · Mar 10, 1967

All of these doctors were eminently qualified to testify as experts in the field of neurosurgery. Dr. Paddison, in his letter of August 7, 1962, to Dr. … The denial of the charge as thus stated was proper, since it presumes that the factual predicate for application of the doctrine has been clearly established.

Moore v. Roemer

560 So. 2d 927 · Louisiana Court of Appeal · Apr 10, 1990

Section 16 of the Judiciary Article establishes the jurisdiction of the district courts, as follows: (A) Original Jurisdiction. … section gives the legislature the power to enact statutes to regulate the appellate jurisdiction of the district courts, and arguably to withhold appellate jurisdiction from the district courts entirely, the section cannot qualify

State v. Dean

487 So. 2d 709 · Louisiana Court of Appeal · Apr 14, 1986

He was qualified as an expert in the field of symptoms and effects of narcotics use, and also the detectability of narcotics use. … Nevertheless, because it is the only photograph to clearly show the face of Janice Dean (S22 shows her lying over with her head down as she was shot), and, although unpleasant, it does not exaggerate bloody wounds.

State v. Richardson

71 So. 3d 492 · Louisiana Court of Appeal · Jun 22, 2011

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 … Officer Duddy was qualified as an expert in the field of crime scene reproduction and fingerprint analysis.

State v. Young

271 So. 3d 422 · Louisiana Court of Appeal · May 15, 2019

This certainly does not qualify Defendant as the exceptional case such as to warrant a finding that the sentencing provisions of La.R.S. 15:529.1 are unconstitutional as applied to him, nor does the recognition of the Defendant's … The record establishes that Defendant originally pled not guilty to the underlying offenses on July 25, 2014.

State v. Harris

765 So. 2d 1230 · Louisiana Court of Appeal · Aug 25, 2000

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 … However, through the cross-examination of the state's witnesses, Harris established no evidence to support this allegation.

Skinner v. Christus St. Frances Cabrini Hospital

10 La.App. 3 Cir. 817 · Louisiana Court of Appeal · Dec 8, 2010

A court of appeal may not set aside a trial court’s finding of fact in the absence of “manifest error” or un *573 less it is “clearly wrong.” Rosell v. ESCO, 549 So.2d 840 (La.1989). … George can determine a cause of *580 death, because they are not physicians, they are not qualified to determine a patient’s chance of survival if they code. B.

Chaisson v. Avondale Industries, Inc.

947 So. 2d 171 · Louisiana Court of Appeal · Jan 31, 2007

The determination of a breach of duty will not be reversed absent a showing of manifest error or that it was clearly wrong. Rosell, 549 So.2d at 844 . … That's what 2323 says, if you're a non-party and somebody can establish, I think what you're trying to do is establish another basis for it.

State v. Lopez

484 So. 2d 217 · Louisiana Court of Appeal · Mar 4, 1986

The defendant maintains that the motion to quash the death qualified jury is still viable. … Using these standards, the record clearly indicates there was no error in the trial court's ruling that this evidence is irrelevant.

Hartnett v. LGD Properties, Inc.

767 So. 2d 88 · Louisiana Court of Appeal · May 3, 2000

Latter, 163 So.2d 189 (La.App. 4 Cir.), writ refused, 246 La. 717 , 167 So.2d 301 (1964), a case involving "simulated transfer" of stock to persons made for the "sole purpose of qualifying the holders thereof as officers … That letter, the Caseys assert, clearly revealed that the August 10 letter did not express the true intent of the parties regarding the ownership of LGD Properties.

State Of Louisiana v. James Bourgeois

Louisiana Court of Appeal · Jun 17, 2020

end of the qualifying period. … Circumstances indicating establishment of a domicile include where a person sleeps, takes his meals, has established his household, and surrounds himself with his family and the comforts of domestic life.

Ebarb v. Unopened Succession Sepulvado

241 So. 3d 1103 · Louisiana Court of Appeal · Mar 14, 2018

However, she qualified her statement by stating that no one ever questioned him living on the property because he took care of it. … Norman Michael Sepulvado cannot establish 30-years acquisitive prescription for the requisite years immediately preceding the year 2000 because his mother, Ms.

State v. Carter

762 So. 2d 662 · Louisiana Court of Appeal · May 10, 2000

Paul McGarry was qualified by stipulation as an expert in the field of forensic pathology. Dr. … The substance of paragraph numbers five and six clearly were contained in the trial court's jury instructions.

Myers v. Jahncke Service

76 So. 2d 436 · Louisiana Court of Appeal · Nov 8, 1954

It must not be overlooked that Myers was experienced and qualified as a shipfitter as he had not only worked for Jahncke Service, Inc., for some time in that capacity but had also worked for others, and his knowledge *440 … The well-established jurisprudence of this State is to the effect that where an employee loses a member of his body by amputation and such loss produces incapacity to do his work, the workman is to be regarded as totally

Earhart v. Brown

702 So. 2d 976 · Louisiana Court of Appeal · Oct 28, 1997

Talbot was not qualified as an expert on DEQ regulations and, further, it would be inappropriate for him to testify to what the lessor knew of these regulations. … The law with regard to leases is clearly established, and was recently set out by this court in Edenborn Partners v.

Carter v. BRMAP

591 So. 2d 1184 · Louisiana Court of Appeal · Nov 22, 1991

As previously indicated, this testimony clearly demonstrates that Longview did not desire to become involved in contractual relations with a third party. … plaintiffs Roy, relating to the motive and purpose of the letter sent, and relating to whether its distribution to other parties without prior communication with the Roys was beyond what the occasion demanded should there be a qualified

Doyen v. Cessna Aircraft Co.

416 So. 2d 1337 · Louisiana Court of Appeal · Jul 2, 1982

Nevertheless, the procedure may be useful to one of multiple defendants in seeking dismissal, without a trial on the merits, after the operative facts of the accident have become fairly well established by investigation and … Hunt, who leased it to Allen Air for rental to qualified pilots.

Phipps v. Schupp

2014 La.App. 4 Cir. 0672 · Louisiana Court of Appeal · Mar 18, 2015

The Schupps claim that the language of the municipal ordinance clearly applies to Lot F-l (541) and provides Mr. … "An act that qualifies as 'voluntary alienation or partition’ of an estate under Article 694 ... is also a voluntary act’ under Article 693.” § 5:9.

Spann v. Gerry Lane Enters., Inc.

256 So. 3d 1016 · Louisiana Court of Appeal · Aug 24, 2018

The standard for determining the admissibility of expert testimony was established by the United States Supreme Court in Daubert and is now codified in LSA-C.E. art. 702, which provides: A witness who is qualified as an expert … Specifically, plaintiff argued that the granting of summary judgment was clearly contrary to the law and evidence, because there was sufficient evidence presented in opposition to the motion for summary judgment to establish