Case law

State v. Robbins

986 So. 2d 828 · Louisiana Court of Appeal · Jun 4, 2008

The first rule cited by appellate counsel is the long-established legal presumption that a defendant is presumed to know the law and the consequences of his actions. [1] The second rule counsel recites is that "the law in … Where the record clearly shows an adequate factual basis for the sentence imposed, remand is unnecessary even where there has not been full compliance with La. C. Cr. P. art. 894.1. State v.

Kyson v. Kyson

596 So. 2d 1308 · Louisiana Court of Appeal · Sep 19, 1991

Kyson is neither manifestly erroneous nor clearly wrong. For the foregoing reasons, we affirm the trial court judgment with respect to this assignment of error. … Kyson established under LSA-C.C. Art. 2369, thus he is liable for her loss which resulted from his breach of his fiduciary duty. Queenan v.

State v. Everett

2011 La.App. 4 Cir. 0714 · Louisiana Court of Appeal · Jun 13, 2012

The court decided that the employee’s statement was a spontaneous declaration related to a startling event and would qualify as an excited utterance and thus admissible although hearsay. … Such conflicting testimony indicates that he may have recalled details more clearly shortly after the shooting than he did at the time of trial, some two and one-half years later.

Redar, LLC v. Warren Rush

Louisiana Court of Appeal · Nov 17, 2010

This right of use clearly extended to the entire 9.97 acres. … We find that the trust document clearly establishes the extent of the right in this case, and we need not resort to Articles 633 through 635 to determine the question before us.

Redar, LLC v. Warren D. Rush

Louisiana Court of Appeal · Nov 17, 2010

This right of use clearly extended to the entire 9.97 acres. … We find that the trust document clearly establishes the extent of the right in this case, and we need not resort to Articles 633 through 635 to determine the question before us.

State of Louisiana v. Darren Bridges

Louisiana Court of Appeal · May 17, 2024

This 11 third shot clearly demonstrates Defendant’s specific intent to kill or cause great bodily harm to Officer McNeil. … There is no jurisprudentially-specific qualifying degree of under-representation, and the defendant must show how the jury selection process works to systematically exclude the distinct group.

State of Louisiana v. Dewayne Fitzgerald Poullard

Louisiana Court of Appeal · Dec 11, 2024

Clearly, I find he knew what he was doing. … And after that he clearly understood, answered- - - clearly understood the questions; answered them coherently. His answers were, for the most part, responsive.

General Motors Acceptance Corporation v. Nuss

192 So. 248 · Louisiana Court of Appeal · Nov 27, 1939

This rule was doubtless established to avoid the inconvenience and injury which parties, buying without notice of these liens, would sustain. … Now assuming that such a moral duty does exist, it is clearly one of imperfect obligation, like that of beneficience, humanity, and charity.

Love v. EL Habetz Builders, Inc.

821 So. 2d 756 · Louisiana Court of Appeal · Jun 26, 2002

During the trial, Latiolais was called to testify on behalf of the Defendants and qualified as an expert in the field of general construction. In particular, he testified regarding the windows. … An individual establishing his right to recover under the doctrine of quantum meruit is to recover a reasonable amount to which he is entitled.

Redar, LLC v. Warren D. Rush

Louisiana Court of Appeal · Nov 17, 2010

This right of use clearly extended to the entire 9.97 acres. … We find that the trust document clearly establishes the extent of the right in this case, and we need not resort to Articles 633 through 635 to determine the question before us.

Cain v. Cain

903 So. 2d 590 · Louisiana Court of Appeal · May 11, 2005

While there was testimony that both Anne-Marie and Kevin may have smoked marijuana together early in their marriage, no one established that she did so after early 1995. … However, Anne-Marie clearly prayed for sole custody by her motion to supplement and amend her petition on July 25, 2003. This assignment lacks merit.

Wright v. Louisiana Power & Light

433 So. 2d 796 · Louisiana Court of Appeal · May 17, 1983

Deputy Simons performed his service in accordance with the skill usually exercised by others in his profession, and that he is not required to exercise the degree of skill and knowledge which would have been used by a highly qualified … These facts clearly establish a sufficient closeness in both proximity and time to create a one-to-one relationship between the officer and the injured party, and the officer's failure to act properly under these facts would

State v. Bartie

12 La.App. 3 Cir. 673 · Louisiana Court of Appeal · Dec 5, 2012

The trial court should clearly set forth the portion of the sentence enhanced under La.R.S. 14:64.3. … The trial court should clearly set forth the portion of the sentence enhanced under La.R.S. 14:64.3.

State v. Sam

623 So. 2d 1 · Louisiana Court of Appeal · Apr 26, 1993

The court clearly likened these instructional errors to those inexcusable “structural” errors mentioned in Chapman v. … The deprivation of that right, with consequences that are necessarily unquantifiable and indeterminate, unquestionably qualifies as ‘structural error.’ ” Strained to conceptualize how the State Supreme Court’s majority might

State v. Jones

769 So. 2d 28 · Louisiana Court of Appeal · Jun 21, 2000

New Orleans Police Officer Edgar Dunn, qualified by stipulation as an expert in the identification of cocaine, testified that he tested a sample of the substances in each of the three bags in evidence, and those samples were … It is not necessary that the investigating officer establish that it was more probable than not that the detained individual was armed and dangerous; it is sufficient that he establish a "substantial possibility" of danger

State v. Russell

966 So. 2d 154 · Louisiana Court of Appeal · Sep 26, 2007

That fact could be established by any competent evidence, and proof of death was made otherwise at this trial. … P. art. 894.1 during the sentencing hearing, the record clearly indicates that the trial court adequately considered those guidelines.

Willie Walker, Jimmie L. Sanders, Sr. and Rosalyn D. Walker-Sanders, Individually and on behalf of their minor child, Elijawon R. Sanders v. City of Independence Police Department, City of Independence, John Doe, Justin Thomas, ABC Insurance Company, DEF Insurance Company, GEICO Casualty Company

Louisiana Court of Appeal · Feb 7, 2020

The plaintiffs further claimed Noble was " patently qualified as an accident reconstruction expert," pointing to Noble's police experience. … The trial court found that Noble appeared imminently qualified to testify about police work and procedures, but was not qualified to testify as an expert as to the cause of the accident.

Wade Conner v. Klarc Lemelle

Louisiana Court of Appeal · May 13, 2020

Conner, Lemelle, and State Farm opposed the motion, arguing the facts, when viewed in light of well-established jurisprudence, established the course and scope issue such that summary judgment would have been inappropriate … Clearly, RPM could not have had a duty to train its employees regarding acts that are outside the course and scope of their employment. See Powell v. Gramercy Ins.

State v. Jones

942 So. 2d 1215 · Louisiana Court of Appeal · Nov 9, 2006

The contempt ruling was clearly made because defendant, despite warnings, repeatedly interrupted the judge, not because of the pro se filings. … 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

United States Aircraft Insurance Group v. Global Tower, LLC D/B/A Global Tower Partners

Louisiana Court of Appeal · May 20, 2020

It is well settled that an appellate court may not disturb a jury’s finding of fact unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly … Post), testified as an expert witness qualified in “vision visibility, attention, and visual sciences.” Dr.