Case law

State of Louisiana v. Tristan Romero

Louisiana Court of Appeal · Dec 15, 2021

Other evidence clearly establishes that prior to her arrest on the instant charge, the defendant pled guilty to theft at her first court appearance. … Dugas was not qualified, so that’s three that were removed for cause or for not qualified. We had Ms. Decuir that I granted [a] cause challenge[] on, so that’s four. We had Ms.

Rozina Amlani v. Rocky James McGee

Louisiana Court of Appeal · Apr 2, 2014

Tekell was qualified as an expert in accident reconstruction. His key findings were that the point of impact was in the eastbound lane of travel, in which Mr. McGee had the right of way. He stated that Mr. … The jury clearly did not find Mr. McGee’s testimony believable.

State v. Plaisance

811 So. 2d 1172 · Louisiana Court of Appeal · Mar 6, 2002

New Orleans Police Crime Lab Officer Byron Winbush was qualified by stipulation as an expert in the field of ballistics and firearms examination. … Clearly, no error exists in the trial court's jury instruction on intent in this case.

State v. Lowe

999 So. 2d 194 · Louisiana Court of Appeal · Dec 10, 2008

Perkins, who was qualified as an expert in the field of pediatric medicine, testified that he examined K.S. and A.S. on November 7, 2003. Dr. … He maintains that the allegations are clearly limited to one transaction that allegedly occurred in just a matter of minutes.

In Re: Succession of Donald Clay Smith

Louisiana Court of Appeal · Feb 3, 2010

Barnhill filed a petition to amend the judgment of possession and to establish paternity. … Thibodeaux [the alleged biological daughter of the deceased] can qualify as an heir.” Id. at 125.

Armbruster v. Behan

3 Teiss. 184 · Louisiana Court of Appeal · Feb 19, 1906

The establishment was in charge o-f, and the game was operated by Taylor Doty, William Doty, Dennis Hannon, and William Moore. What happened when John J. … Clearly, all that may be seized, if the things seized be shown to have been used in the game.

State v. Elzy

12 La.App. 5 Cir. 112 · Louisiana Court of Appeal · Jan 16, 2013

He contends that the trial judge failed to conduct a reasonable inquiry to establish on the record a knowing and intelligent waiver of the right to counsel under the circumstances. … Additionally, defendant clearly and unequivocally stated that he wanted to represent himself.

Kusai Abdelqader v. Ramon Ramos, Jr., Delisha Boyd, LLC, Delisha Young Boyd, and Kristen L. Young-Boyd

Louisiana Court of Appeal · Nov 30, 2022

the finding is clearly wrong.” … RHS has determined that the applicant qualifies for a loan to purchase a home in Jefferson [Parish], up to the amount of $160,000.00 based on a down payment amount of $0 estimated

Shirley Guillory v. Opelousas General Hospital Authority

Louisiana Court of Appeal · Apr 9, 2025

for Summary Judgment and in finding that the Medical Malpractice Act’s statutory cap on damages precluded plaintiffs from proceeding against the non-settling defendants after plaintiffs settled with a qualified … In other words, the plain language of this statute shows that the Defendants’ burden of proof is not merely that the amount of Plaintiffs’ settlement was in excess of $500,000, as is clearly the case, but additionally as

Libasci v. Longo

594 So. 2d 1097 · Louisiana Court of Appeal · Feb 13, 1992

The stipulation by the parties that plaintiff was entitled to $212.33 established that the OWCA recommendation of $255.34 was incorrect in the first instance. … Correa was qualified as an expert in the field of neurosurgery after stipulation by all parties. Part of his practice involved treating patients suffering from chronic pain.

State v. Austin

113 So. 3d 306 · Louisiana Court of Appeal · Mar 18, 2013

This makes clear that the State called Falcon to the stand under the assumption that he had been granted immunity. As such, the State did not act in bad faith as defendant contends. … After a knowing and voluntary waiver of Miranda rights, law enforcement officers may continue questioning a suspect unless or until he clearly requests an attorney. Allen , 06-778 at 5, 955 So.2d at 748 .

Blake v. Mosquito Control Board

470 So. 2d 193 · Louisiana Court of Appeal · May 8, 1985

It is to be hoped that in the future job descriptions will clearly reflect the job expectations of employees to avoid misunderstandings. … Blake has requested that this Court establish a time limit for his reinstatement by Mosquito Control and that this court establish sanctions in support thereof should Mosquito Control fail to timely reinstate Mr. Blake.

Malcolm Brasseaux v. Town of Church Point

Louisiana Court of Appeal · Mar 7, 2007

Defendants specifically pled the affirmative defense of qualified immunity from suit. 2 Plaintiff was charged with the following: (1) having an open uncontained fire within the corporate limits of Church Point … Only Plaintiff’s self-serving testimony was presented in his attempt to establish his claim of excessive force. The trial court decided to accept Officer Vige’s account of the incident.

Arabie v. Citgo Petroleum Corp.

10 La.App. 3 Cir. 244 · Louisiana Court of Appeal · Oct 27, 2010

that the finding is clearly wrong (manifestly erroneous). … In the present case, CITGO’s corporate management had the responsibility of establishing its standards and performance goals, and for reviewing, approving, and assuring adherence to established health, safety, and environmental

State v. Luzzo

2016 La.App. 4 Cir. 0289 · Louisiana Court of Appeal · Mar 1, 2017

First, the Court found that the evidence established probable cause for Det. … Additionally, the remnant of that blood spot was still clearly visible when Homicide Det.

Hemenway Furniture Co. v. Corbett

126 So. 2d 666 · Louisiana Court of Appeal · Jan 30, 1961

Freeman of Shreveport, a qualified civil and structural engineer with considerable experience. … It is repeated that the market value established by the sale was $34,100.

State v. Casaday

162 So. 3d 578 · Louisiana Court of Appeal · Feb 27, 2015

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 … Hughes, 05-0992 (La.11/29/06), 943 So.2d 1047 , the supreme court observed that an accomplice is qualified to testify against a coperpetrator even if the state offers him inducements to testify; the inducements merely affect

Mashanna Gallo v. Greenpath International, Inc.

Louisiana Court of Appeal · Dec 16, 2021

App. 2-12.4(1)); (2) failure to include a jurisdictional statement, the date of the judgment appealed to establish the timeliness of the appeal or an assertion that the appeal is from a final … To qualify for vacation, the staff must be regular fulltime staff and must work at least 32 hours per week.

State v. Hotoph

750 So. 2d 1036 · Louisiana Court of Appeal · Nov 10, 1999

The defendant did not establish the origin of this document or who wrote it and failed to authenticate it. … "Where the record clearly shows an adequate factual basis for the sentence imposed this court has held that remand is unnecessary, even where there has not been full compliance with Article 894.1." State v.

State v. Burnes

997 So. 2d 906 · Louisiana Court of Appeal · Dec 17, 2008

Burnes points to no evidence that clearly controverts the jury's credibility determination. The evidence clearly shows that multiple gunshots were fired into the van from the same firearm. … Nothing in the record clearly controverts this determination.