Case law

State v. Thomas

2014 La.App. 4 Cir. 0510 · Louisiana Court of Appeal · May 20, 2015

bution, oxycodone, and alprazolam, along with some identifying documents belonging to Patín. 13 Though there was no physical evidence introduced to connect Patín to the Du-maine Street residence, Detective Jackson, who was qualified … The trial judge noted the length of time it took the jury to reach a verdict, stating that it was “clearly out there deliberating about Thomas much more so than Patín and I just don’t think it takes a genius to figure that

Michelle Rung v. Deondrick Bessard

Louisiana Court of Appeal · Mar 13, 2024

protective order, the appellate court must review the record in its entirety and conclude that a reasonable factual 3 basis does not exist for the finding and the factfinder is clearly … As provided in La.R.S. 46:2135(I), “[t]he initial rule to show cause hearing . . . may be conducted by a hearing officer who is qualified and selected in the same manner provided in R.S. 46:236.5(C).

State of Louisiana v. Morgan Gray McGough

Louisiana Court of Appeal · Jan 13, 2021

The test for determining whether conduct qualifies as protected “speech” is whether “[a]n intent to convey a particularized message was present, and [whether] the likelihood was great that the message would be understood … The mask did not clearly convey a message about civil rights, terrorists, a violation of rights, or due process in Lincoln Parish.

Hercules Offshore, Inc. v. Lafayette Parish School Board, Sales and Use Tax Dept.

Louisiana Court of Appeal · Feb 11, 2015

The appellate court must find from the record (1) that a reasonable factual basis does not exist for the finding of the trial court and (2) that the record establishes that the finding is clearly wrong (manifestly erroneous … The defendants admit that the plaintiff answered discovery on September 1, 2009, which they assert was the last date of activity that qualifies as a step in the litigation under Article 561. 1 “Properly

State v. Williams

12 La.App. 5 Cir. 68 · Louisiana Court of Appeal · Oct 9, 2013

Under the second tier, it is well-established that a police officer may conduct a brief investigatory stop when the officer has a reasonable articulable suspicion of criminal activity. LSA-C.Cr.P. art. 215.1; Terry v. … In the instant case, the ^officers clearly had the right to approach the vehicle to speak to the occupants even without reasonable suspicion of criminal activity.

State of Louisiana v. Shavis Breon Toby

Louisiana Court of Appeal · Mar 8, 2023

Stutes testify as an expert, as some case always will be the first one in which a given witness qualifies as an expert. Counsel argued to the trial court that qualifying Capt. … Nonetheless, it is not necessary to resolve this issue as Defendant filed a motion for new trial, and the delay clearly applies thereto.

Earl Joseph Gorio, Jr. v. Karla Danielle Gorio

Louisiana Court of Appeal · Sep 19, 2025

that an appellate court cannot set aside a trial court's factual findings in the absence of manifest error or unless the findings are If the findings are clearly … Based on our review of the July 10, 2018 judgment, we find that it qualifies as a valid joint custody implementation order.

Robichaux v. State ex rel. Department of Health & Hospitals

2006 La.App. 1 Cir. 0437 · Louisiana Court of Appeal · Dec 28, 2006

those of other class members; (2) the chosen representatives must have a sufficient interest in the out *36 come to ensure vigorous advocacy; and (3) counsel for the chosen representatives must be competent, experienced, qualified … This is clearly Plaintiffs’ stated ultimate goal, and a valid one. Practically speaking, however, this litigation seeks the monetary means to effect remediation pursuant to the groundwater statute.

Williams v. City of New Orleans

433 So. 2d 1129 · Louisiana Court of Appeal · Jun 8, 1983

Clearly, NOPSI owed a duty to these plaintiffs. The final decisive inquiry is whether NOPSI breached its duty. … An expert witness qualified in the field of economics and statistics testified on Mrs. Hyman's behalf. He testified that the amount presently needed to furnish Mrs.

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.

Amy Goldberg v. Jarrod Goldberg

Louisiana Court of Appeal · Oct 6, 2010

Amy clearly is minimizing his legal entanglements. … He clearly has demonstrated an interest in serving the best interest of his children.

Harvey v. Bd. of Comm'rs for the Orleans Levee Dist.

236 So. 3d 763 · Louisiana Court of Appeal · Dec 27, 2017

STANDARD OF REVIEW AND APPLICABLE LAW The standard of review for class certification is bifurcated: factual findings are reviewed under the manifest error/clearly wrong standard, but the trial court's judgment on whether … C.E. art. 702 provides: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (1) The expert's scientific, technical, or other

State v. LeBlanc

2010 La.App. 4 Cir. 1484 · Louisiana Court of Appeal · Sep 30, 2011

The cable was clearly visible in the rear of the truck. … Peterson obviously was more qualified to place a value on the cable than was Chad Clark. However, Peterson’s high and low valuations — of solely the copper in the wire— were greater than five hundred dollars.

Declouet v. Orleans Parish School Bd.

96 La.App. 4 Cir. 2805 · Louisiana Court of Appeal · Jun 3, 1998

The record clearly supports that time frame. Dr. … That provision clearly establishes IINA's subrogation to Freeman's right to indemnity against the School Board for any IINA payment. See Losavio v.

Wilbert J. Saucier, Jr. v. Robert E. Washington, Sr.

Louisiana Court of Appeal · Sep 20, 2017

Article 971 does so by immunizing speakers from suits stemming from the exercise of First Amendment rights, thus preserving both an individual‘s right to speak and the public‟s collective interest in free … Washington and wrote an article that was clearly printed in an effort [to] present a sensational story which hit on almost every hot button in today‘s society.

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.

Scott v. American Tobacco Co.

725 So. 2d 10 · Louisiana Court of Appeal · Nov 4, 1998

The Supreme Court stated: [W]hen a defendant's tortious act causes someone bodily harm and that person is made to incur medical expenses as a result, the law clearly affords recovery for these expenses. Hansen [v. … chances of members of the public at large of developing the disease. * * * (4) A monitoring procedure exists that makes the early detection of the disease possible. * * * (5) The monitoring procedure has been prescribed by a qualified

State v. Ceaser

9 La.App. 3 Cir. 236 · Louisiana Court of Appeal · Nov 4, 2009

He asserts that Chief Dupre’s testimony that the drugs were more than what was typical for personal use was insufficient to support a finding that he had the intent to distribute because Chief Dupre was not qualified as an … The fifth circuit determined there was sufficient evidence presented to establish the defendant’s possession of the drugs; notably, the defendant had been driving the ear, and the cocaine had been clearly visible to the driver

State of Louisiana, Office of the Governor, Division of Administration, Office of Community Development, Disaster Recovery Unit; State of Louisiana, Office of the Governor, Department of Economic Development v. Citizens United for Economic Equity

Louisiana Court of Appeal · Aug 8, 2024

The documents in question do not clearly set forth how the fees allowed by the original contract are to be treated, nor how the permissible 15% administrative costs are to be calculated. … Cenac met his initial burden on the motion of establishing the material facts. RCF Agreement and the RCF Amendment.

State v. Moore

827 So. 2d 647 · Louisiana Court of Appeal · Oct 2, 2002

A defendant has the burden to establish his incapacity to stand trial by a preponderance of the evidence. Cooper v. … Simoneaux qualified this conclusion by stating that it was difficult to know if that was a valid interpretation for an adolescent, particularly when he had the impression that Defendant may have been pretending to not understand