Case law

Keshawn Patterson v. Tacarra Charles

Louisiana Court of Appeal · Sep 11, 2019

Accordingly, the trial court’s finding that Charles committed domestic abuse by stalking was not manifestly erroneous or clearly wrong. … 1293(A) (stating “[w]hen the sheriff has not made service within ten days … on motion of a party the court shall appoint a person over the age of majority, not a party and residing within the state whom the court deems qualified

State of Louisiana v. Mikala L. January

Louisiana Court of Appeal · Oct 1, 2008

a payment plan be established. … The defendant fails to clearly articulate what mitigating factors the trial court failed to consider in fashioning her sentence.

Davis v. Insurance Co. of North America

94 La.App. 1 Cir. 0698 · Louisiana Court of Appeal · Mar 3, 1995

The record establishes that resin, even hardened resin, can be safely removed with the exercise of due care, and that, as such, the activity is not ultrahazardous. Clifton R. … The evidence did not establish that the risks associated with the activity could not be eliminated through the exercise of due care.

State v. Gasser

275 So. 3d 976 · Louisiana Court of Appeal · Jul 3, 2019

Specifically, defendant argues that the evidence at trial conclusively established that Mr. … Apart from the "unlawful activity" and "has a right to be" qualifiers, Section C recognizes that a person may "meet force with force." We recognize, in light of La.

Cynthia Bridges, Sec., La Dept. of Revenue v. Cepolk Corporation

Louisiana Court of Appeal · Feb 12, 2014

“Exemptions from taxation are to be strictly construed against the person claiming the exemption[,] and they must be clearly and affirmatively established.” Bill Roberts, Inc. v. … Exemptions from taxation are to be strictly construed against the person claiming the exemption and they must be clearly and affirmatively established.

Donald Lee Francis v. Home Furniture Company

Louisiana Court of Appeal · Jun 1, 2016

However, the burden of proof shifts to the claimant to show that prescription has been interrupted or suspended when the claimant’s petition has clearly prescribed on its face. Id. … Francis presented no evidence that would tend to establish that the prescriptive period for these claims had not passed.

State v. Ellis

677 So. 2d 617 · Louisiana Court of Appeal · Jun 26, 1996

The officers detected an odor of alcohol about him but testified that he spoke clearly and responded to their questions at booking. … If nothing else had occurred, then her responses would indeed be "qualified by uncertainty." State v. James, 459 So.2d 1299 (La.App. 1st Cir. 1984), writ denied 463 So.2d 600 (1985); State v.

State of Louisiana v. Arijoray Lavon Copeland

Louisiana Court of Appeal · Sep 25, 2019

Copeland argues that the instant case lacks exigency, making the warrantless seizure of the vehicle clearly unlawful. … In the absence of a qualifying statutory provision, the terms “intent” and “intentional” in criminal statutes have reference to general criminal intent. La. R.S. 14:11; State v.

Chatman v. Southern University at New Orleans

2015 La.App. 1 Cir. 1179 · Louisiana Court of Appeal · Jul 6, 2016

that the fact-finder is clearly wrong or manifestly erroneous. … Cebalo, 15-1085, p. 5 (La.App. 4 Cir. 3/16/16), 191 So.3d 59, 61 (recognizing that “a third-party’s criminal activity does not grant the university absolute immunity from liability” and “if the facts of a case prove the criminal

Michael Chaisson v. Philip Services Corporation

Louisiana Court of Appeal · Nov 2, 2005

The WCJ found the employer was unable to establish that claimant was guilty of fraud pursuant to La.R.S. 23:1208.1. … Clearly, this testimony supports claimant’s assertion that he informed Nassar of the accident.

State v. Briscoe

779 So. 2d 30 · Louisiana Court of Appeal · Jan 17, 2001

FACTS Karen Lewis Holmes, a criminalist with the New Orleans Police Department, was qualified by stipulation as an expert in the analysis of controlled dangerous substances. Ms. … In fact, this evidence establishes that the defendant pleaded guilty only after he was advised of his Boykin rights and knowingly waived them.

William J. Holliday v. Starr Indemnity & Liability Company, MMR Group, Inc., and Jeremy Bruser

Louisiana Court of Appeal · Oct 22, 2025

In accordance with well- established law, much discretion is left to the jury in its assessment of damages. See Id. ( citing La. Civ. Code. art. 2324. 1). … Turnipseed clearly testified that Mr.

William J. Berard, Et Ux. v. St. Martin Parish Government

Louisiana Court of Appeal · Jun 5, 2013

The record clearly established that St. Martin Parish had a lawful “maintenance” servitude on the drainage channel in question. … Again, this finding is legally and factually incorrect as it was clearly established at trial that St.

State of Louisiana v. Carlos M. Smith

Louisiana Court of Appeal · Nov 8, 2023

The second witness, Lieutenant Gary Baird of the Caddo Sheriff’s Office, was qualified as a fingerprint comparison expert. Lt. … While the record does not show that the trial court informed Smith of his rights prior to the habitual offender hearing, such failure does not constitute reversible error, since the State clearly established Smith’s habitual

Chet David Jeansonne v. Cory Paul Roy

Louisiana Court of Appeal · Mar 5, 2014

Roy’s actions clearly establish that he intentionally obtained the Ex Parte Order of Exhumation knowing full well that his actions would result in substantial injury to Mr. … Roy clearly had the specific intent to take the actions that he took, and he clearly knew that his actions would result in serious emotional suffering by Mr. Jeansonne.

Sandra Williams v. Ace Transportation, Inc.

Louisiana Court of Appeal · Mar 10, 2010

Landry qualified that suggestion by acknowledging that the company would use a specific driver—one that had proved to be reliable—if that driver was available. … Additionally, he could produce no Halliburton documentation to establish that the run suggested by Ms.

State v. Ditcharo

739 So. 2d 957 · Louisiana Court of Appeal · Jul 27, 1999

Their testimony established the following facts. … contained all of the appropriate waiver of rights forms and the finger prints of the defendant in this case matched the finger prints of the defendant, Michael Ditcharo, according to testimony by Captain Meril Boling, a court qualified

State v. King

13 La.App. 3 Cir. 469 · Louisiana Court of Appeal · Nov 6, 2013

Nevertheless, Lieutenant Semien testified he could clearly see Armstrong inside the cell because he “was lying right there at the doorway when you open the doorway.” … Thus, the evidence was sufficient to establish Defendant’s specific intent and his guilt. Defendant’s arguments lack merit. ASSIGNMENT OF ERROR NO. 3.

Mitchell Baudoin v. American Glass and Mirror Works,inc.

Louisiana Court of Appeal · Feb 2, 2022

There’s some disagreement between the parties as to where he actually qualifies or what his title would have been to fall -- to see whether or not he’s excluded. … Accordingly, as the conditions for coverage under the [liability] policy clearly were not met, we find that the trial court did not err in granting summary judgment in favor of [the liability insurer].

Derek Lancaster and Angela Lancaster v. James Alexander Tryforos and Alden Adams Tryforos

Louisiana Court of Appeal · Dec 30, 2025

Thereafter, the Lancasters hired a qualified roofer to further evaluate the roof. … P. art. 2164, appeals are favored, and damages will not be awarded unless they are clearly due. Benoist v. Jackson National Life Insurance Company, 2022- 0879 ( La.