Case law

State v. Berniard

2014 La.App. 4 Cir. 0341 · Louisiana Court of Appeal · Mar 4, 2015

Defendant argues, however, that the evidence was insufficient to establish beyond a reasonable doubt that he was the shooter. … Defendant asserts that Agent Beltz testified as an expert in video analysis; however, the State did not offer her as an expert and the trial court did not qualify her as one'.

State v. Granger

12 La.App. 5 Cir. 193 · Louisiana Court of Appeal · Oct 30, 2012

The jury clearly rejected defendant’s testimony and gave credence to the evidence produced by the State. … Eduardo Herrera, qualified as an expert in the field of obstetrics and gynecology, testified that approximately 10 to 50 percent of rape victims will present with injuries. How *581 ever, Dr.

State of Louisiana v. Justin Charles Singleton

Louisiana Court of Appeal · Mar 14, 2007

Defendant further claims that the trial court erred in requiring Defendant to give further explanation after he had clearly established race neutral reasons for the first two peremptory challenges. … Therefore, the prosecution clearly established a prima facie case of discriminatory intent. Defendant is also incorrect in contending that he did not bear the burden of proof.

Bozeman v. State

787 So. 2d 357 · Louisiana Court of Appeal · Apr 4, 2001

Deputies Norsworthy and Christian were not qualified as accident reconstruction experts. … That joint exhibit clearly expanded the pleadings, defeating any assertion that the dictates of La.

Craig Driesse v. National Oilwell Varco, Lp

Louisiana Court of Appeal · Jan 14, 2015

In granting NOV’s motion for summary judgment on the viability of Driesse’s claim under the LEDL, the trial court stated that Louisiana jurisprudence “clearly requires an entity to compensate an individual to qualify as … NOV did not perform any other functions used to determine if an entity qualifies as a compensating employer under the LEDL, such as withholding taxes or providing benefits.”

Angelle Fitch and Michael Fitch, individually and on behalf of their minor son, Elias Fitch v. Dr. Charon Gentile, Heather Fanguy, N.P. and Hospital Service District 1, Parish of Terrebonne, d/b/a Terrebonne General Medical Center

Louisiana Court of Appeal · Mar 5, 2024

Grimm was qualified to give expert testimony, the LaBauve Court listed a number of Dr. Grimm' s qualifications.' … When findings are based on credibility determinations, the manifest error - clearly wrong standard is applicable.

Rain Cii Carbon, L. L.C. v. Recon Eng'g, Inc.

270 So. 3d 785 · Louisiana Court of Appeal · May 1, 2019

Accordingly, there was no valid motion to vacate, modify, or correct the arbitration award before the trial court because the insurers did not qualify as "part[ies] to the arbitration" capable of filing a motion to vacate … Even a cursory examination of Rain's pleadings clearly establishes that the only parties with an actual or real interest in the proceeding to confirm the arbitration award are the Insurers.

Rain Cii Carbon, L. L.C. v. Recon Eng'g, Inc.

270 So. 3d 785 · Louisiana Court of Appeal · May 1, 2019

Accordingly, there was no valid motion to vacate, modify, or correct the arbitration award before the trial court because the insurers did not qualify as "part[ies] to the arbitration" capable of filing a motion to vacate … Even a cursory examination of Rain's pleadings clearly establishes that the only parties with an actual or real interest in the proceeding to confirm the arbitration award are the Insurers.

Daisy Ellis, Lindsey Dubose, and Samantha Maza v. Richard M. Ireland, Jr

Louisiana Court of Appeal · May 14, 2025

Bennett said she is not qualified to be a mold inspector, just an “expert on mold as an academician.” … clearly wrong.”

State v. Galliano

696 So. 2d 1043 · Louisiana Court of Appeal · Jun 20, 1997

We conclude that defendant clearly failed to meet his burden of production under step one. … Clearly, a defect in capacity may result from the use of drugs or alcohol.

State v. Dickerson

822 So. 2d 849 · Louisiana Court of Appeal · Jun 26, 2002

The victim clearly demonstrated with words, gestures, and on paper that the defendant touched her vagina and her anus with his penis. … The trial judge refused to admit the evidence on several occasions, stating finally: If you will remember, I read to the jury the first day of the jury selection *859 while we were death penalty qualifying the jury, that

Frankel v. Exxon Mobil Corp.

923 So. 2d 55 · Louisiana Court of Appeal · Aug 10, 2005

Our review of the record as a whole for manifest error does not demonstrate that the trial court's conclusion was clearly wrong. … The record established a series of decisions made by the operating partner affecting the sublease at this time.

Larrea v. Cefalu

2014 La.App. 4 Cir. 0607 · Louisiana Court of Appeal · Mar 25, 2015

He was qualified as an expert in accident investigation and reconstruction. … Clearly, this fact is also something the jury considered in assigning fault to the hit and run driver.

State of Louisiana v. Byran Louis Fogleman

Louisiana Court of Appeal · Oct 3, 2012

In the absence of qualifying provisions, the term “intent” has reference to general criminal intent, La. … Having concluded that the state need only establish that the defendant possessed the items found in the black duffle bag to establish the requisite intent required to convict the defendant of the charged offense, we next

State of Louisiana v. Darnell J. Huntley

Louisiana Court of Appeal · Jul 10, 2013

―Whatever the precise scope of this [second] exception, it is clearly meant to apply only to a small core of rules requiring observance of those procedures that ... are implicit in the concept of ordered … The sentence was mandated by the penalty provision of the statute establishing the offense. R.S. 14:30.1.

Directional Wireline Services v. Tillett

552 So. 2d 1201 · Louisiana Court of Appeal · Aug 31, 1989

Each corporation was qualified as a subchapter S corporation for federal income tax purposes, and, thus, the corporate profits were not taxable as income to the corporations, but were taxable as the personal income of the … However, a review of the record does not disclose the requisite intent on the part of the appellants, or the type of outrageous conduct, necessary to establish this tort.

State v. Shannon

10 La.App. 5 Cir. 580 · Louisiana Court of Appeal · Feb 15, 2011

“On appeal, a trial court’s ruling on the issue of discriminatory intent must be sustained unless it is clearly erroneous.” Id. at 8, 986 So.2d at 743 (citing Snyder v. … Applying the three-step analysis established by the United States Supreme Court in Batson , we do not find that the defendant established a prima facie case of discrimination.

State v. Sarpy

10 La.App. 3 Cir. 700 · Louisiana Court of Appeal · Dec 8, 2010

Thus, this objection is clearly waived. La.C.Cr.P. 841. Id. at 777. … This is clearly applicable. He brought the gun into the house and did kill and injure the victims respectively.

Valerie B. Bandy v. Patrick T. Bandy

Louisiana Court of Appeal · Dec 5, 2007

Under such circumstances, it is clear the necessary predicate was not established for admissibility of the Corning Laboratories form under the business records exception to the hearsay rule. . . . … That is clearly supported by his testimony, his vocabulary, and his word usage. Mark’s mother, Valerie, also testified at the trial of this matter.

Shontell Himes & Reggie Himes v. The State of Louisiana through the Dept of Transportation & Development Office of Engineering and XYZ Insurance Company

Louisiana Court of Appeal · Jun 4, 2021

The plaintiffs' photographs, as submitted, clearly do not fall into any of the categories as specified by Article 966. … Coco is an engineer, however, he was not qualified as an expert. A review of Mr.