Case law

Kaplon v. RIMKUS CONSULTING GROUP, INC.

2009 La.App. 4 Cir. 1275 · Louisiana Court of Appeal · Apr 28, 2010

Kaplon never qualified for the incentive plan, we find that plan is not relevant. … Kaplon had not established any bad faith or arbitrariness in its refusal to pay him a 2006 bonus.

State ex rel. C.D.W. v. T.R.W.

255 So. 3d 1147 · Louisiana Court of Appeal · Sep 26, 2018

Notwithstanding this argument, we note that "[t]he State need establish only one ground" under La.Ch.Code art. 1015. See State ex rel. H.A.S. , 52 So.3d at 860 . … The testimony indicates that [he] clearly has a close bond with [J.B. and M.B.].

Masters v. Courtesy Ford Co.

758 So. 2d 171 · Louisiana Court of Appeal · Oct 29, 1999

Our supreme court has referred to the work product privilege in reviewing Article 1424 as a qualified privilege. Wolford v. JoEllen Smith Psychiatric Hospital, 96-2460 (La.5/20/97), 693 So.2d 1164, 1166 . … Statement clearly wrong and misleading.

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.

State v. Williams

977 So. 2d 160 · Louisiana Court of Appeal · Jan 23, 2008

Officer Kenneth Leary was qualified as an expert in firearms examination. … Thus, the references were not made for a racial purpose, but rather they were references to tattoos that the appellant had and that were clearly visible to the jury.

Marilyn Clark v. State of Louisiana, Department of Transportation and Development

Louisiana Court of Appeal · Jun 6, 2018

court, and (2) determine that the record establishes that the trial court’s finding is clearly wrong (manifestly erroneous). … Evans’s affidavit shows that he was qualified by fifty years of experience.

West Jefferson Levee Dist. v. Mayronne

595 So. 2d 672 · Louisiana Court of Appeal · Jan 31, 1992

Thomas Charpentier Charpentier testified he has appraised thousands of acres of wetlands and has previously qualified to testify regarding permittability. … On our assessment of the record we are unable to say the jury's credibility determinations leading to these conclusions are clearly wrong, nor can we find their evaluations of the evidence an abuse of the great discretion

Ashley-Roxanne N'Dakpri, Lynn Schofield, and Evangela Michelle Robertson v. Louisiana State Board of Cosmetology; Steve Young; in his official capacity as executive director of the Board

Louisiana Court of Appeal · Jun 21, 2024

In doing so, the legislature found that " the practice of cosmetology by qualified individuals is necessary to protect the public health, safety, and welfare of the citizens of the state of Louisiana[,]" and … Moreover, where two permissible views of the evidence exist, the fact finder' s choice between them cannot be clearly wrong. Id. at 883. As previously set forth, Ms.

State v. Ste. Marie

801 So. 2d 424 · Louisiana Court of Appeal · Apr 18, 2001

The 1999 Author's Notes regarding the Rule 803(4) exception to the hearsay rule state: Without considering whether a statement by a child molestation victim to a therapist-certified social worker might qualify as a statement … s age was not established. Although C.H.'s first complaint was to S.F. for purposes of La.Code Evid. art. 801(D)(1)(d), the first complaint was made to C.H.'s mother.

State v. Washington

99 La.App. 4 Cir. 1111 · Louisiana Court of Appeal · Mar 21, 2001

FACTS New Orleans Police Crime Laboratory Criminalist Theresa Lamb was qualified by stipulation as an expert in the chemical analysis of controlled dangerous substances. Ms. … The evidence establishes that the object was a foil packet of heroin. Thus, defendant was the distributor.

Dixie Ramirez Versus Kerry Watkins and Eliana Defrancesch, in Her Capacity as Clerk of Court

Louisiana Court of Appeal · Aug 23, 2023

In this case, the trial court ruled that the plaintiff failed to carry the burden of proof necessary to establish a prima facie case. … Watkins failed to produce any tangible, objective evidence to defeat the presumption established by Ms.

MERVIN PRIMEAUX, Indiv. and ELIZABETH PRIMEAUX, Indiv. VERSUS ST. PAUL FIRE & MARINE INS. CO. & DR. RICHARD LABORDE

Louisiana Court of Appeal · Dec 17, 2003

The testimony by the expert witnesses in this case is clearly contradictory. … When the alleged negligence of a specialist is at issue, only those qualified in that specialty may offer expert testimony and evidence of the applicable standard of care. Fox v.

State ex rel. M.V.

98 La.App. 3 Cir. 324 · Louisiana Court of Appeal · Jan 13, 1999

Thus, a relative placement was not available unless the relative’s home also qualified as a foster care home. … Clearly, such a course of action would have violated the statutory mandate in La.Ch.Code art. 622(A)(1) as amended by the 1997 Act.

Steve Dodge and Brandie Dodge v. White's Mobile Homes, Inc.

Louisiana Court of Appeal · Jun 17, 2020

The phrase “including dealers, developers, manufacturers, and installers” is a qualifier to the previous phrase defining a builder as “a person or an entity that designs, manufactures, or constructs homes[.]” /d. … Plaintiffs counter that based on our appellate standard of review, the trial 8 court’s finding that Plaintiffs would not have purchased the mobile home if they had known of the defects in the home established at trial cannot

State v. Sepulvado

10 La.App. 3 Cir. 435 · Louisiana Court of Appeal · Mar 9, 2011

However, as referenced in the factual and procedural background, the record only clearly reveals a conviction of aggravated arson. … We note that the defendant contends that the verdict is unsupportable without evidence affirmatively establishing the victim’s cause of death.

Michael Thibodeaux v. St. Mary Parish School Board

Louisiana Court of Appeal · Jun 24, 2020

Able's affidavit and his deposition testimony clearly established that these symptoms were caused by stress and anxiety from this accident. … Abel is clearly qualified to diagnose the claimant's anxiety and stress issues and disable him until he was cleared by a psychologist. Perhaps more importantly, the School Board denied Mr.

State of Louisiana v. Larry Surratt and Cynthia Anderson

Louisiana Court of Appeal · Jun 7, 2006

Julie Bergen, who also qualified as an expert in fingerprint identification, compared the prints of Surratt to those on the box lid. … Surratt contends that the evidence presented at trial clearly proves that the victims were killed in St. Landry Parish.

State v. Ignot

701 So. 2d 1001 · Louisiana Court of Appeal · Sep 24, 1997

Therefore, even assuming that the relevant cleansing period was five years, the defendant would not qualify for its benefits. … Comparison of the language of the original bill with that in the amended bill reveals that the charging instrument clearly set forth the acts which formed the basis for the charge.

State of Louisiana v. Noah Drake Primeaux A/K/A Noah Primeaux

Louisiana Court of Appeal · Oct 21, 2020

Testimony about those tests, the profiles they generated, and the resulting DNA matches established and proved the facts. … We conclude that this did not clearly constitute a comment on a crime committed or alleged to have been committed by Defendant.

State of Louisiana v. Austin Wade Boyd

Louisiana Court of Appeal · Apr 5, 2023

fourth-felony offender. 11  The law concerning excessive sentences is well-settled; claims are reviewed by examining whether the trial court adequately considered the guidelines established … By his first assignment of error, Boyd argues that his past history of substance abuse from his adolescence, punctuated by several rehabilitative attempts, until the date of the offense qualifies him as an “exceptional”