Case law

Cach, LLC v. Sonia M. Cheatwood

Louisiana Court of Appeal · May 5, 2021

It clearly states that [Nancy Gosnell] had personal knowledge of the facts contained in the affidavit, including the purchase of Ms. … to establish their admissibility as such under La.Code Evid. art. 803(6).

State v. Magee

13 La.App. 5 Cir. 1018 · Louisiana Court of Appeal · Sep 24, 2014

He contends that the conversation would have established that he had asked his mother to speak to Kemon about going to the District Attorney’s Office. … For a statement to qualify as an exemption from the hearsay rule under La.

State v. Jones

2010 La.App. 4 Cir. 0018 · Louisiana Court of Appeal · Nov 10, 2010

Rasul admits that he had purchased cocaine just before his arrest in this matter. 2 And we also note that William Giblin, qualified as an expert in criminal analysis, testified that he analyzed the rocklike substance that … But this inquiry does not require a court to “ask itself whether it believes that the evidence at the trial established guilt beyond a reasonable doubt.” ...

McBride v. Lichtenstein

260 So. 3d 658 · Louisiana Court of Appeal · Dec 5, 2018

the fact finder is clearly wrong or manifestly erroneous." … DeAbate were entered into evidence and the specific report of May 2, 2013, also contains some qualifiers. The report indicates that on the date of examination, McBride reported that he was "coming along."

Johansen v. LA. HIGH SCHOOL ATHLETIC ASS'N

916 So. 2d 1081 · Louisiana Court of Appeal · Jun 29, 2005

They rented an apartment in LaPlace that month, but did not establish it as their residence until September 2002. … Its actions in investigating and enforcing its internal regulations are clearly not conducted under color of state law, nor with the compelling weight and authority of the state behind them, as in the case of criminal law

State in the Interest of D.P., M.P. & Z.P.

Louisiana Court of Appeal · Nov 2, 2011

The problem was that neither was qualified to be a primary caregiver to the children. … Here we cannot say that the trial court was clearly wrong in concluding that the state established the required elements by clear and convincing evidence: that both M.P.

State of La., Dept. of Children & Family Services, Child Support Enforcement v. Sonya Reeder Seaman

Louisiana Court of Appeal · Mar 7, 2012

I find that not only is the evidence insufficient to establish that Mrs. Seaman was underemployed, it is also insufficient to establish Mr. Seaman’s income for child support purposes. … In fact, the evidence clearly established that Mrs. Seaman was underemployed through no fault or neglect of her own. La.R.S. 9:315(C)(5). To conclude otherwise would be to conclude that although Mrs.

State v. Triggs

16 So. 3d 482 · Louisiana Court of Appeal · Jul 1, 2009

The fact that the defendant was unable to retrieve his furniture was not so immediate that it could qualify as sufficient provocation under LSA-R.S. 14:31 A(l). … 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 LSA-C.Cr.P. art. 894.1. State v.

Cush v. Griffin

95 So. 2d 860 · Louisiana Court of Appeal · Jun 28, 1957

The remaining charges that plaintiff did not have his motorcycle under control and was not maintaining a proper lookout are not established. … The medical testimony was furnished by four qualified physicians, all of whom were tendered as witnesses on behalf of plaintiff. The testimony of Dr.

Jena Rougeau v. Hospital Service District 2 of Beauregard Parish

Louisiana Court of Appeal · Jul 26, 2023

And they said that I wasn’t qualified, it’s just hard. It’s all I wanted to do. … the factfinder is clearly wrong or manifestly erroneous.

McBride v. Lichtenstein

260 So. 3d 658 · Louisiana Court of Appeal · Dec 5, 2018

the fact finder is clearly wrong or manifestly erroneous." … DeAbate were entered into evidence and the specific report of May 2, 2013, also contains some qualifiers. The report indicates that on the date of examination, McBride reported that he was "coming along."

Davis v. Texas Const. Co.

156 So. 672 · Louisiana Court of Appeal · Oct 3, 1934

a graduate of the' school of chiropractice of Davenport, Iowa, and that he took a special course for six months or more in the art of taking X-ray pictures, that he has taken thousands of these pictures, and that he is qualified … It also clearly appears that plaintiff had never suffered any accident during his lifetime prior to the accident in question, with the exception of a slight injury to one of his eyes, when a child of seven years.

Amoco Production Co. v. Thompson

516 So. 2d 376 · Louisiana Court of Appeal · Sep 17, 1987

And, even the `exclusive right to explore' is qualified by the imposition of duties with regard to others who have rights in the common reservoir. La.Rev.Stat.Ann. § 31:9 and 10. … Unitization is the device which the Louisiana Department of Conservation employs to protect the correlative rights of surface owners in a common reservoir, and, as discussed earlier, the device is clearly available without

J. A. D. v. K. B. F.

Louisiana Court of Appeal · Nov 20, 2019

She also acknowledged that AHC experts were more qualified to make determinations of sexual abuse. Standing alone, Dr. Green and Dr. Luke’s findings seem to support KF’s position. … He was qualified as an expert in child, adolescent, adult, and geriatric psychiatry. Dr.

MILLIEN v. Jackson

9 La.App. 5 Cir. 56 · Louisiana Court of Appeal · Dec 29, 2009

Jackson a list of professionals who were qualified to put a tarp on a roof. Ms. Jackson further testified that she did not inform Mr. … Millien established that the cause-in-fact of his injury was slipping on a loose shingle; but for slipping on the shingle, his injuries would not have occurred. The appellees offered no testimony to rebut Mr.

State v. Washington

793 So. 2d 376 · Louisiana Court of Appeal · Jul 18, 2001

rule governing the admissibility of expert testimony, and states: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified … It is well-settled that "[i]f credible, the testimony of a single witness may establish the elements of a crime beyond a reasonable doubt." State v.

Pontiff v. Pecot & Associates Rehabilitation & Physical Therapy Services, Inc.

0 La.App. 3 Cir. 1203 · Louisiana Court of Appeal · Jan 31, 2001

A court of appeal may set aside a trial court’s or a jury’s finding of fact if it finds that there was manifest error or if the decision was clearly wrong. Mistich v. … Medical testimony that a plaintiff either cannot work, or has a reduced capacity to work, is essential to establishing loss of future income.

Robert Broussard and R.J. Broussard General Contractors Inc. v. Multi-Chem Group, LLC

Louisiana Court of Appeal · Mar 17, 2021

Boudreaux. 2  Louisiana Code of Evidence Article 702 is pertinent to these claims, providing that: A witness who is qualified as an expert by knowledge … In accordance with well-established law, much discretion is left to the judge or jury in its assessment of quantum, both general and special damages. La.

Keyworth v. Southern Baptist Hospitals, Inc.

524 So. 2d 56 · Louisiana Court of Appeal · Apr 4, 1988

Her inhibited walking, despite fair mobility otherwise, and pain localized to the right leg, established a causal relationship between the damages and the fall. … An appellate court cannot disturb a damage award unless the record clearly reveals that the trier of fact abused its discretion in making the award. La.C.C. Art. 2324.1 (pre-1984 Art. 1934(3)); Reck v.

Lejeune v. State Farm Mutual Automobile Ins. Co.

107 So. 2d 509 · Louisiana Court of Appeal · Nov 21, 1958

It is clearly demonstrated by an officer in one of the pictures as to exactly where DiBenedetto ran off the paved portion of Winbourne Avenue. … This road would qualify at that point on thirty mile an hour speed, would it not? A.