Case law
Opinions from 1658 to today.
8,141 results
1.64s
968 So. 2d 1102 · Louisiana Court of Appeal · Oct 3, 2007
Ellie Wetsman, who was qualified as an expert in pediatric medicine including the treatment of pediatric sexual abuse, testified at trial that she examined the victim which examination included obtaining a history. … In order to prevail, a defendant must establish both that counsel's performance was deficient and that the deficiency prejudiced the defendant. State v.
Cited 28 timesPublished271 So. 3d 422 · Louisiana Court of Appeal · May 15, 2019
This certainly does not qualify Defendant as the exceptional case such as to warrant a finding that the sentencing provisions of La.R.S. 15:529.1 are unconstitutional as applied to him, nor does the recognition of the Defendant's … The record establishes that Defendant originally pled not guilty to the underlying offenses on July 25, 2014.
Cited 0 timesPublishedSuccession of John L. Cazenave, Jr.
Louisiana Court of Appeal · Mar 1, 2023
Saux and Nurse Diaz, which it recognized was qualified on the assumption that Johnny was taking his prescribed medications. … Clearly, no quick litmus -paper test exists to apply to the evaluation of mental capacity in all cases.
Cited 0 timesUnknownLouisiana Court of Appeal · Oct 19, 2020
have been foreseen”), “Toon’s actions clearly displayed a conscious indifference to the consequences that were likely to, and unfortunately did, occur. … of fault of all persons causing or contributing to the injury shall be determined, regardless of whether the other person is a party to the action or a nonparty, and regardless of the person’s insolvency, ability to pay, immunity
Cited 0 timesUnknownLouisiana Court of Appeal · Oct 1, 2025
App. 3 Cir. 1972), writ denied, 260 La. 1121, 258 So. 2d 376 (1972); or by other acts “clearly indicating” acceptance, Succession of Davisson, supra. … R.S. 47:2180 established the manner in which notice of delinquencies in immovable property taxes should be provided to comply with Art. VII, § 25.
Cited 0 timesPublishedLarry Bize, Sr. and Michelle R. Bize v. Malcolm Larvadain
Louisiana Court of Appeal · Dec 28, 2018
as paupers. 10 By contrast, La.R.S. 13:4522 includes an express exception for those qualified as paupers. … As in this case, decisional law allowed the plaintiff an opportunity to qualify to proceed in forma pauperis.
Cited 0 timesUnknownWayne Guillot, Et Ux. v. Reece Guillot, Et Ux.
Louisiana Court of Appeal · Dec 23, 2014
The majority also finds the record establishes Reece was wrong to follow Wayne to his home and confront him in his own driveway. … Nor does the evidence establish that Wayne impliedly consented to the batteries perpetrated by Reece and Benjamin.
Cited 0 timesUnknownState of Louisiana v. Mark Anthony Broussard
Louisiana Court of Appeal · Jun 13, 2017
While peremptory challenges are one means of assuring the selection of a qualified and unbiased jury, the U.S. … After a knowing and voluntary waiver of the Miranda rights, law enforcement officers may continue questioning a suspect unless or until he clearly requests an attorney. Davis v.
Cited 0 timesUnknownAlfred Palma, Inc. v. Crane Services, Inc.
Louisiana Court of Appeal · Nov 5, 2003
The waiver was clearly articulated in the bill of sale and was made known to the buyer. … However, fraud need only be proven by a preponderance of the evidence and may be established by circumstantial evidence. LSA-C.C. art. 1957.
Cited 0 timesUnknownWilliam Coury Moss and Sarah James Moss v. Sugarland Exterminating and Chemical Company, Inc.
Louisiana Court of Appeal · May 8, 2024
Lastly, the court reiterated that the purpose of abandonment is not to “dismiss actions on mere technicalities, but to dismiss actions which in fact clearly have been abandoned.” Id. at 786. … Therefore, we find that plaintiff failed to establish that his requests for production of documents directed to non-parties qualified as steps in the prosecution of his suit. Id. at 23.
Cited 0 timesUnknownLouisiana Court of Appeal · Dec 22, 2021
Specifically, it qualifies as a licensed establishment because it 6 Louisiana Revised Statutes 27:438 relates to the “[d]istribution of device revenues” in quarter-horse and thoroughbred horse racing. … Specifically, it qualifies as a device owner because it “owns and operates . . . video draw poker devices in licensed establishments[,]” including at the CDLHR-owned Fair Grounds Race Course & Slots facility and at off-track
Cited 0 timesPublished265 So. 3d 1096 · Louisiana Court of Appeal · Feb 6, 2019
However, La.R.S. 15:438 does not establish a stricter standard of review on appeal than the rational juror's reasonable doubt standard. … As explained above, evidence of other crimes, wrongs or acts may also be introduced to establish proof of motive.
Cited 1 timesPublishedState of Louisiana v. John Joseph
Louisiana Court of Appeal · Nov 2, 2005
The facts, as stated at the time the guilty plea was entered, clearly support the plea of guilty to the charge of aggravated burglary. … Charging the defendant with both aggravated burglary and armed robbery, based upon the same set of facts, clearly violates the “same evidence” test as set forth in Crosby and Steele.
Cited 0 timesUnknownAlliance for Aff. Energy v. New Orleans
578 So. 2d 949 · Louisiana Court of Appeal · Apr 4, 1991
The report also clearly described the wisdom of diversification between nuclear and coal fired power. … Therefore, we decline to change the law or establish a new remedy for imprudently incurred costs.
Cited 6 timesPublishedRoy Neely v. Department of Fire
Louisiana Court of Appeal · Dec 1, 2021
That review is multifaceted, and, in reviewing factual findings, appellate courts “should apply the clearly wrong or manifest error rule.” Walters v. … As the result of a first offense confirmed (MRO certified) positive test result as established by City Civil Service Rules for the use of alcoholic beverages or any of the illegal and/or unlawfully obtained
Cited 0 timesPublished695 So. 2d 1367 · Louisiana Court of Appeal · May 7, 1997
The bill clearly charges the defendant under La.R.S. 14:62 and states the essential elements of the offense. … Jones, 537 So.2d 848 (La.App. 5 Cir.1989) (fifteen years for a second offender convicted of simple burglary "clearly not excessive").
Cited 578 timesPublishedCami Lindgren, Et Ux. v. John T. Ning, M.D.
Louisiana Court of Appeal · Mar 7, 2012
Kubricht to establish that Dr. Ning’s use of the InterStim was below the standard of care because he failed to treat Mrs. … Ning clearly established that Dr. Ning’s credibility was highly questionable. Therefore, any error in this regard was harmless. As part of their argument, the Lindgrens also contend Dr.
Cited 0 timesUnknownState of Louisiana v. Billy Ray Vice
Louisiana Court of Appeal · Dec 10, 2008
However, La.R.S. 15:438 does not establish a stricter standard of review on appeal than the rational juror’s reasonable doubt standard. … extortion, a violation of La.R.S. 14:66, which provides: Extortion is the communication of threats to another with the intention thereby to obtain anything of value or any acquittance, advantage, or immunity
Cited 0 timesUnknownIberia General Hospital v. St. Mary Sugar Cooperative, Inc.
Louisiana Court of Appeal · Nov 2, 2016
Gaudet further verified that the EOMB sent by LUBA clearly identified the services rendered to Mr. Martinez as outpatient services. 3 Ms. … Louisiana Administrative Code Title 40, Part I, § 2507 makes no distinction concerning the type of medical services that qualify for the ninety percent reimbursement, only that the workers’ compensation employee is an
Cited 0 timesUnknownXxi Oil & Gas, LLC v. Hilcorp Energy Company
Louisiana Court of Appeal · Oct 9, 2013
“The statute clearly connects the costs reported to the benefits received in exchange. … Regardless of whether Hilcorp‟s statement substantially supplied adequate information, the statute makes clear, without any additional qualifying or modifying language, that the statement must be sworn.
Cited 0 timesUnknown
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