Case law

Deanna Smith v. State of Louisiana Through the Department of Transportation and Development

Louisiana Court of Appeal · Mar 2, 2022

V, § 5 and § 10), this Court has consistently held that appeals are favored in the law and should be maintained unless a legal ground for dismissal is clearly shown. … Nevertheless, we believe Smith’s testimony is sufficient to establish the string’s presence in the construction zone.

State of Louisiana v. Juan R. Vidaurri

Louisiana Court of Appeal · Dec 30, 2005

We have clearly established the analysis for a claim of insufficient evidence: When the issue of sufficiency of evidence is raised on appeal, the critical inquiry of the reviewing court is whether, after viewing … “La.C.E. art. 702 states that experts may be qualified by reason of ‘knowledge, skill, experience, training, or education.’

State v. Harris

708 So. 2d 1169 · Louisiana Court of Appeal · Feb 20, 1998

The trial court's admission of allegedly gruesome photographs will be overturned on appeal only if the prejudicial effect of the photographs clearly outweighs their probative value. … As earlier discussed, the evidence was sufficient to support a finding of specific intent. [3] Prior to being qualified as an expert, Mr.

State v. Cowden

889 So. 2d 1075 · Louisiana Court of Appeal · Nov 30, 2004

The State introduced strong evidence establishing defendant's guilt, and the testimony regarding defendant's refusal to take the breathalyzer test clearly did not contribute to the verdict. … He claims that, although the comments occurred off-the-record, they were clearly loud enough for the jury to hear them.

Anne Lowenburg, Judith Lowenburg, Wife of and Tom Lowenburg, Sarah Lowman, Jack Stolier, William B. Taylor, III, M.D. and Barbara West v. Sewerage & Water Board of New Orleans

Louisiana Court of Appeal · Jul 29, 2020

To establish inverse compensation, we must determine whether Appellees have satisfied the three (3) prongs as set out in Chambers. … One way to rebut the presumption is by establishing a contractual undertaking by another to maintain and control the property.”

Kirsch v. Kirsch

2015 La.App. 1 Cir. 0281 · Louisiana Court of Appeal · Jul 29, 2015

A hearing to establish temporary custody was set, but was twice continued because Dr. Klein was unable to complete his evaluations and issue reports before the hearing date. … Following a sidebar, counsel for Karl qualified Brown as an expert in the criminal investigation of the *422 children’s sexual abuse.

Mona Leblanc v. Walmart Distribution Center

Louisiana Court of Appeal · Sep 4, 2024

LeBlanc in 2010 for neutropenia, a benign condition involving a low white blood count common among African Americans, and thrombocytopenia (“ITP”), an immune mediated condition in which her immune system destroys her platelets … LeBlanc is no longer qualified to receive temporary total disability. We will first address Walmart’s motion to modify.

State v. Smith

470 So. 2d 128 · Louisiana Court of Appeal · Mar 12, 1985

That weapon was established by ballistics to be the Ruger .357 magnum pistol bought almost four years earlier by Raymond Smith's mother. … Jury selection in our system proceeds on the principle that, out of an otherwise properly selected venire, every venireman is qualified unless cause to excuse is found.

Smith v. East Baton Rouge Parish

509 So. 2d 24 · Louisiana Court of Appeal · Jul 1, 1987

This legislative history of Paragraph (E) clearly shows that Paragraph (E) is only applicable to district, parish and city courts. Paragraph (E) was not intended to affect the Courts of Appeal. … Plaintiff-mover is a resident of the Parish of East Baton Rouge, Louisiana, who uses the sewerage system of the Parish and pays on a monthly basis sewer user fees for such usage, is a duly registered voter of the State of Louisiana, qualified

Cajun Welding & Machine Co. v. Travis Deville

Louisiana Court of Appeal · Nov 5, 2003

and that this determination by the workers’ compensation judge was not clearly wrong. … Broussard were of the opinion that the motorized scooter was not necessary, they had qualified their opinions by reference to the risk that Mr.

Perron v. Evangeline Parish Police Jury

780 So. 2d 515 · Louisiana Court of Appeal · May 4, 2001

Fontenot and his limited staff were contracted out to other qualified practitioners. Dr. … In the case before us, neither party has provided sufficient evidence to clearly establish that prior to Dr.

First Baptist Church of Lake Arthur v. Fontenot

98 La.App. 3 Cir. 1158 · Louisiana Court of Appeal · Feb 3, 1999

After the employee established this initial burden, the burden shifted to the employer to establish, at a minimum, the following by competent evidence as explained by the Louisiana Supreme Court in Banks v. … Furthermore, our review of the record clearly indicates that the parties stipulated as to the employer’s continuing liability for medical benefits arising from the work-related accident.

State v. Smith

7 So. 3d 855 · Louisiana Court of Appeal · Apr 8, 2009

Officer Morton testified that he clearly saw the suspect’s face and identified the defendant as the suspect in open court. … The “Blockburger test,” established by the United States Supreme Court in Blockburger v.

Borne v. King

799 So. 2d 853 · Louisiana Court of Appeal · Nov 7, 2001

We are instructed that before a fact-finder’s verdict may be reversed, we must find from the record that a reasonable factual basis does not exist for the verdict, and that the record establishes the verdict is manifestly … wrong based on the evidence, or clearly without evidentiary support.

Brewer v. J.B. Hunt Transport, Inc.

9 So. 3d 932 · Louisiana Court of Appeal · May 29, 2009

trial court erred in refusing to instruct the jury that a motorist changing lanes on a multi-lane highway has a duty to use a signal to alert following vehicles and by giving the jury a rear-end fault instruction without qualifying … Given the nature and extent of Brewer’s injuries, an award of general damages is clearly warranted.

Glenn Hankel Versus Jefferson Parish Fire Department

Louisiana Court of Appeal · Sep 22, 2020

Hartman that Arrant conclusively established that work-related gradual hearing loss claims may be compensable under the LWCA. … Hankel qualifies as a “Personal Injury by Accident” and applying the Arrant court’s holding to §1221(4)(p)’s text, Mr.

State Ex Rel. City of Shreveport v. Dickson

150 So. 574 · Louisiana Court of Appeal · Nov 3, 1933

Prior to the adoption of this ordinance by referendum, the books, records, equipment, etc., needful to the establishment and continuity of operations of the department of water and sewerage were located in the department … Language could scarcely be made) to express the intent more clearly.

State v. Thomas

470 So. 2d 413 · Louisiana Court of Appeal · May 15, 1985

It was judicially established that the accused is 27 years of age." The above shows that the trial court failed to fulfill the goal of article 894.1 C. … However, even in the absence of adequate compliance with article 894.1, this court need not remand for sentencing where the record clearly supports the sentence imposed. State v.

Continental Group, Inc. v. Allison

379 So. 2d 1117 · Louisiana Court of Appeal · Oct 30, 1979

The rule of ejusdem generis, however, here is of indirect assistance only because no terms accompany or qualify the eventual reservation all mineral rights. … Again we cannot agree, because the evidence clearly establishes that the language finally employed was the product of negotiations—give and take—by both parties.

Manning v. PFG-Caro Foods

10 La.App. 5 Cir. 1014 · Louisiana Court of Appeal · Jun 14, 2011

Martin Manning registered with Teamworks to be put onto a list of people to call in the event Team-works negotiated a contract with a third-party to provide services to that third-party for which Manning was qualified to … There have been various rulings on jurisdiction, tort coverage, venue, etc. *992 After trial on the merits, it was established that the claimant worked for both employers.