Case law

State v. Foster

834 So. 2d 1188 · Louisiana Court of Appeal · Dec 11, 2002

P. article 894.1, and whether the sentence is warranted under the facts established by the record. State v. Trepagnier, 97-2427, p. 11 (La.App. 4 Cir. 9/15/99), 744 So.2d 181, 189 ; State v. … Where the record clearly shows an adequate factual basis for the sentence imposed, resentencing is unnecessary even when there has not been full compliance with Art. 894.1. State v. Lanclos, 419 So.2d 475 (La.1982).

Cheryl F. Benoit v. Ace Transportation

Louisiana Court of Appeal · Dec 8, 2010

Thirty- four conditions qualify as permanently disabling. La.R.S. 23:1378(F). Because forfeiture is a harsh remedy, La.R.S. 23:1208.1 must be strictly construed. Nabors Drilling USA v. … An employer can establish prejudice in one of two ways. First, the employer can show that the employee’s untruthful answer directly relates to the medical condition at issue. Wise v. J.E.

Tuft v. Tuft

214 So. 3d 916 · Louisiana Court of Appeal · Jan 18, 2017

On motion of a party or on its own motion, the court may appoint a parenting coordinator in a child custody case for good cause shown if the court has previously entered a judgment establishing child custody. La. … The record clearly indicates the parties have an unwillingness to communicate and cooperate with each other as to the care of the children. For example, Helen points to Dr.

Aycock v. Allied Enterprises, Inc.

517 So. 2d 303 · Louisiana Court of Appeal · Nov 10, 1987

represented by "X" in the foregoing equation), Allied agrees that on or before January 15, 1978, and at each subsequent 5-year period thereafter, it shall cause the Land and Improvements owned by Allied to be reappraised by a qualified … The factual holding of the trial court to the contrary is clearly wrong. Arceneaux v. Domingue, 365 So.2d 1330 (La. 1978).

State ex rel. Yglesias v. Soule

48 So. 2d 717 · Louisiana Court of Appeal · Nov 22, 1950

Relator retained her position and classification as an Unemployment Claims Examiner II, in the said Division of Employment Security, '.under the rules established by the Louisiana Merit System Council. … “Contention Number 6 is so closely related to the internal management of the agency that the allegations contained therein clearly do not fall within the scope of the Council’s authority.

In Re Succession of Scurria

47 So. 3d 620 · Louisiana Court of Appeal · Aug 25, 2010

Neither 117made a showing that adequate assets would be retained in the succession to pay any charges or obligations which likewise were not established. … The record clearly revealed that those heirs were not aware of those legal consequences. But the administra-trix’s complaints on behalf of those heirs were not hers to make.

Rosa Belle Gros v. LAMMICO, Eric Jukes, M.D., and Karl Gerald Haydel, Sr., M.D.

Louisiana Court of Appeal · Nov 12, 2020

that the findings are clearly wrong or manifestly erroneous. … While the benefit of hindsight allows the experts to see clearly that Mrs.

Patten v. Gayle

69 So. 3d 1180 · Louisiana Court of Appeal · Jun 22, 2011

Findings of fact cannot be set aside or overturned by the appellate court unless they are clearly wrong. Johnson, supra. … Hart qualified his testimony, stating this scenario was highly unlikely. Both Dr. Gayle and Dr.

State v. Wiley

513 So. 2d 849 · Louisiana Court of Appeal · Sep 23, 1987

additional information concerning the juror was brought to the court's attention immediately after the juror was sworn early in the jury selection process, the court's discretion was properly exercised in removing the juror who clearly … Anderson and Patsy Dean Ricks, defendant argues that excusing jurors who expressed inalterable opposition to capital punishment renders the jury "death qualified".

Crutchfield v. Landry

870 So. 2d 371 · Louisiana Court of Appeal · Mar 17, 2004

On June 14, 1998, plaintiffs moved for partial summary judgment establishing policy coverage. … Once the duty is established, it is then incumbent upon the plaintiff to prove by a preponderance of the evidence that the stated duty was breached by the vendor.

State v. Parks

977 So. 2d 1015 · Louisiana Court of Appeal · Jan 22, 2008

Andrea Travis, a qualified expert in the field of forensic chemistry, testified that the off-white rock-like substance that was recovered in this case tested positive for cocaine. … The trial court's denial of a Motion to Suppress is afforded great weight and will not be set aside unless the preponderance of the evidence clearly favors suppression. [15] In determining whether the trial court's ruling

State v. Velez

588 So. 2d 116 · Louisiana Court of Appeal · Oct 2, 1991

For instance, Louisiana law clearly holds that the State has no duty to obtain rap sheets on its witnesses. See State v. Harvey, 358 So.2d 1224 (La.1978); State v. … They wanted more complete information on the crimes of Mermelstein and Uribe-Munera for which they have been granted immunity or leniency.

State v. Brooks

108 So. 3d 161 · Louisiana Court of Appeal · Dec 12, 2012

Richard Beighley, firearms section supervisor with the North Louisiana Crime Lab, was qualified as an expert and identified the three Rtypes of firearms involved in this case, even though he never received the firearms. 4 … The small entry wound is clearly visible. . The report reflected that 40 shell casings were delivered for analysis: 27 of the shells were 9 mm and 13 were from an assault rifle.

Mary O'neal v. Ronnie Newcomb

Louisiana Court of Appeal · Dec 21, 2016

Couvillion’s testimony, defense counsel objected and interrupted the expert repeatedly when he testified regarding titles and boundary descriptions in the deeds, which were clearly in the purview of a surveyor, and clearly … Couvillion’s survey, and any new plat required to depict the newly established boundary.

State v. Kotwitz

549 So. 2d 351 · Louisiana Court of Appeal · Aug 23, 1989

At that time, district attorney Norris offered Presley limited immunity if Presley would assist in an investigation of the defendant. Presley agreed to wear a body microphone during future meetings with the defendant. … The evidence does not establish that McCoy had no authority to dismiss the charge. Even if the shoplifting charge alleged a violation of a Monroe city ordinance, and Ms.

State v. Froiland

910 So. 2d 956 · Louisiana Court of Appeal · Jul 26, 2005

The remarks at issue were as follows: I believe that the evidence does establish there is sufficient chain to allow it to be admitted in evidence. … The record does not establish whether the defendant had prior convictions.

State v. Thompson

259 So. 3d 1257 · Louisiana Court of Appeal · Nov 28, 2018

Samantha Huber, the chief forensic pathologist in Orleans Parish, was qualified as an expert in the field of forensic pathology. She performed the autopsy in this case. … This Court found that the defendant failed to offer any argument or evidence establishing that he was exceptional.

ANR Pipeline Co. v. Louisiana Tax Com'n

923 So. 2d 81 · Louisiana Court of Appeal · Sep 7, 2005

R.S. 30:551(A) and qualified as public service companies under La. … Accordingly, in addition to the rule established by Triangle Marine [, Inc. v.

Mitch Benson v. Rapides Healthcare System, L.L.C.

Louisiana Court of Appeal · Apr 6, 2016

Benson urged that the evidence did not establish Dr. … If, however, we find that the trial court’s verdict 5 was clearly without evidentiary support, or clearly wrong based on the evidence, we must reverse the verdict.

Fox v. Anderson

924 So. 2d 399 · Louisiana Court of Appeal · Mar 1, 2006

Furthermore, La.R.S. 32:24(D) requires that even those qualified vehicles responding to an emergency "drive with due regard for the safety of all persons. . . ." … Thus, the record establishes that Mr. Fox cannot return to his former position. However, it also establishes that Mr. Fox can return to work in some capacity.