Case law

State v. Funes

11 La.App. 5 Cir. 120 · Louisiana Court of Appeal · Dec 28, 2011

Scioneaux clearly observed Escobar point a pistol directly at him so he backed up into the bathroom and remained there until the “commotion died down.” … As an intermediate appellate court, this Court is obliged to follow the precedent established by the Louisiana Supreme Court. Thomas , at 12-13, 54 So.3d at 686 .

State v. Henderson

684 So. 2d 1054 · Louisiana Court of Appeal · Dec 11, 1996

Clearly, the defendant was on notice that the autopsy contradicted his previous story because this quote came directly from the police report. … Although S-13(A) depicts some of the victim's internal tissues, it is clearly more probative than prejudicial. Dr.

Barbara Deville v. Albert Craig Pearce, M.D.

Louisiana Court of Appeal · Jan 30, 2008

Ordinarily, for a plaintiff to meet his burden of proof, “opinions of expert witnesses who are members of the medical profession and who are qualified to testify on the subject are necessary to determine whether or not … Thus, the filing was clearly not timely under either La.Code Civ.P. art. 966(B) or Uniform Rules of the District Courts Rule 9.9.

Wiltz v. Baudin's Sausage Kitchen

1999 La.App. 3 Cir. 930 · Louisiana Court of Appeal · Jun 19, 2000

Now, I did not have the opportunity to see her postoperative MRI scan, so I'd have to qualify my answer with that. … The minimum standard the employer must comply with to establish his burden of proving job availability outlined by the Supreme Court in Banks v.

State v. Jones

596 So. 2d 1360 · Louisiana Court of Appeal · Mar 6, 1992

In this case, the prosecutor's explanations were clearly race-neutral bases for excluding the three black prospective jurors. … Clearly, this initial showing is obviated by the holding in Powers v. Ohio. State v.

Natisha Marie Figaro v. Lafayette Animal Shelter & Care Center

Louisiana Court of Appeal · Feb 5, 2020

It is well established that appellate courts will not render advisory opinions from which no practical results can follow. … As a result, Courts have established the rule that moot questions will not be considered on appeal.

State v. Lee

964 So. 2d 967 · Louisiana Court of Appeal · May 16, 2007

Louisiana Code of Criminal Procedure article 162 thus provides, "A search warrant may issue only upon probable cause established to the satisfaction of the judge, by the affidavit of a credible person, reciting facts establishing … Gina Pineda was qualified as an expert in molecular biology and forensic DNA analysis and testified at the Prieur hearing and at trial.

State v. Campbell

566 So. 2d 1038 · Louisiana Court of Appeal · Aug 7, 1990

Our constitution does not allow the State to withhold *1041 this information from a requesting party, "except in cases established by law." … La.R.S. 44:3(A)(4)(c) clearly provides: Nothing herein shall be construed to require the disclosure of information which would reveal undercover or intelligence operations.

Lopez v. Chicago Bridge and Iron Co.

546 So. 2d 291 · Louisiana Court of Appeal · Jun 28, 1989

Additionally qualifying for `manufacturer' status is a vendor who holds out the product as his own. Penn v. … CBI is clearly at fault in another respect. In addition to his above referred to knowledge, Basser [sic] acknowledged that the method used by Olin to remove the header was dangerous and could cause harm.

Feingerts v. La. Citizens Prop. Ins. Corp.

265 So. 3d 62 · Louisiana Court of Appeal · Feb 13, 2019

Fey, Jr., qualified as an expert in insurance industry standards, claims management, and claims adjustment, testified on behalf of Feingerts. … Clearly, the evidence supports this conclusion.

Anne Lind & Assoc. v. ORLEANS PRIVATE IND. COUNCIL

95 La.App. 4 Cir. 0462 · Louisiana Court of Appeal · Mar 14, 1996

The members of the Board of Supervisors appointed by the Governor are officers and are commissioned and hold their offices until their successors are appointed and qualified. … Plaintiff is not at OPIC's mercy. 20 CFR 627.502 requires: (a) Each SDA (OPIC) and SSG, pursuant to guidelines established by the recipient (the State), shall establish procedures for resolving complaints and grievances arising

McGehee v. Benton

962 So. 2d 1234 · Louisiana Court of Appeal · Sep 14, 2007

Thus, GEICO claimed, the vehicle did not qualify as a "non-owned auto" as defined in the policy. Accordingly, GEICO denied coverage for any losses under the policy. … As appellees correctly note, such evidence is not conclusive to prove the fact sought to be established. Evidence of a routine practice establishes only a prima facie case, which may be rebutted. Brown v.

State v. Langlois

695 So. 2d 540 · Louisiana Court of Appeal · May 21, 1997

The delay in this case was justifiable, and Langlois was clearly not prejudiced. Langlois next argues that the Trial Court erred in finding him to be a fourth felony offender. … provided that the five year cleansing period begins to run from the day of "... release, on parole or otherwise, from a prison sentence or other commitment imposed as a result of a prior conviction for a felony or other qualified

Cathy Derbonne v. State Police Commission

Louisiana Court of Appeal · Oct 14, 2020

R.S. 23: 967 clearly envisions that employees protest, report, and oppose actual violations of law. … The legislature clearly did not distinguish between those employees performing employment duties and those not performing such duties.

State of Louisiana v. Jason Lee Lopez

Louisiana Court of Appeal · Apr 26, 2023

Accordingly, the requirements of horizontal relatedness can be established by linking each predicate act to the enterprise, although the same or similar proof may also establish vertical relatedness. … First, the evidence clearly showed that Defendant was associated with an enterprise, namely the ABT. This was established by the witnesses’ testimony and Defendant’s own admission.

Mazella Shahan Flournoy v. Our Lady of Lourdes Regional Medical Center

Louisiana Court of Appeal · May 17, 2017

Accordingly on the evidence submitted, OLOL is clearly entitled to judgment as a matter of law. … Breech, rendered after review of all the medical records without qualifying hypothets by two excellent attorneys, there clearly are expert medical opinions from both doctors that the hospital intensive care nurses breached

State ex rel. D.P.B.

817 So. 2d 1195 · Louisiana Court of Appeal · May 8, 2002

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 … Accordingly, we conclude that a reasonable doubt exists as to whether or not D.P.B.’s actions qualified as justifiable homicide under these circumstances. As noted by the Louisiana Supreme Court in State v.

State v. Jones

2015 La.App. 4 Cir. 0123 · Louisiana Court of Appeal · Dec 2, 2015

Glenn Fahrig, a forensic DNA analyst with the Louisiana State Police (“LSP”) Crime Lab, was qualified as an expert in the field of forensic DNA analysis. Mr. … He identified himself in a short clip of the video interview and established that he remembered it.

Boes Iron Works LLC v. Galatas

974 So. 2d 713 · Louisiana Court of Appeal · Dec 11, 2007

The plaintiffs assert in their petition that the defendants knew the insurance policies did not qualify as taxsheltered investments under Section 419, and undertook a variety of actions after the sale designed to conceal … However, in the paperwork regarding that transaction is a signed disclosure acknowledgement clearly setting forth the risks of which Mr. Boes asserts he was not informed.

State of Louisiana, Division of Administration, Office of Community Development - Disaster Recovery Unit v. Judy Henderson a/k/a Judy G Henderson

Louisiana Court of Appeal · Dec 15, 2022

E. art. 803( 6) must authenticate it by a qualified witness. … Clearly, the mandates of La. C. C. art. 1702 require " competent and admissible testimony" and the testimony and affidavit of Mr. Haley contain neither.