Case law

State 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

Clayton Walker, Et Ux. v. Joseph Hebert

Louisiana Court of Appeal · Dec 10, 2014

The only evidence of record introduced at the motion for summary judgment concerning Hebert’s use of his classic car as his hobby was his deposition testimony which establishes that his classic car did not qualify for the … Rather, the Classic Automobile Policy clearly envisioned coverage limited to the unique use of a named, antique or classic car.

Roy 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

Heather Reider v. Louisiana Board of Trustees for State Colleges

Louisiana Court of Appeal · Mar 9, 2005

from the record that a reasonable factual basis does not exist for the finding of the trial court, and 2) the appellate court must further determine that the record establishes … that the finding is clearly wrong (manifestly erroneous). .... . . .

Xxi 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.

Andrew Taylor Smith v. Angelica Harmon

Louisiana Court of Appeal · Apr 6, 2022

After the conference, the trial court issued an order suspending Harmon’s visitation with A.L.S. until it could appoint a qualified supervisor for her visits. … On May 13, 2019, Lyons filed a rule to establish child support, rule for modifications of visitation, and implementation of a custody plan.

David Joseph Main Versus Dena Bach Main

Louisiana Court of Appeal · Feb 19, 2020

that the fact finder is clearly wrong or manifestly erroneous. … He has been previously qualified as an expert in several courts.

Helen Vice Palombo and Francis C. Palombo, Sr. v. Frank Bacque, M.D.

Louisiana Court of Appeal · May 31, 2006

Hasnain is not qualified to testify as to the standard of care for a urologist, with respect to surgical positioning and repositioning. Palombo v. … Clearly, none of these doctors related Mrs. Palombo’s complaints to her surgery in October of 1998. Furthermore, the record contains the depositions of two of the doctors on the Medical Review Panel.

Callahan v. Authement

99 So. 2d 531 · Louisiana Court of Appeal · Dec 23, 1957

Hughes qualified as administrator, and although he had already acquired his father's interest by private deed, Ed Hughes became the purchaser of the same undivided one-half interest in the property at an administrator's sale … And it is well established that mere silence and delay cannot cause a loss of title to property except by effect of the laws of prescription. Pearce v. Ford, 124 La. 851 , 50 So. 771 ; Long v.

State of Louisiana v. Christopher H. Joseph

Louisiana Court of Appeal · Jun 13, 2012

However, we agree with Defendant that there was nothing put before the jury that would indicate he was engaged in the perpetration or attempted perpetration of cruelty to a juvenile such that would qualify the offense as … However, the evidence in the record clearly and unequivocally establishes beyond a reasonable doubt that Defendant armed himself and drove purposefully to where he knew Ms. John would be picking up the children.

State v. Kennerson

695 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").

Alliance 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.

Margaret Montalvo Richard v. Harold Artigue

Louisiana Court of Appeal · Apr 4, 2012

that the fact finder is clearly wrong or manifestly erroneous. … Her former job qualifies as sedentary work. The accident occurred in October, 2007, and Richard did not cease working until early in 2010 when she was fired by the Lynd Company.

State v. Major

898 So. 2d 548 · Louisiana Court of Appeal · Mar 2, 2005

Regarding the final Barker factor, Major does not clearly allege any prejudice to his case, e.g., loss of witnesses, due to the delay at issue. … Pursuant to Colomb , the evidence at issue in the present case would also qualify as integral-act evidence that simply provided the jury with a complete scenario regarding Major's arrest.

Succession of Fred Blackwell

Louisiana Court of Appeal · Dec 16, 2020

Under a manifest error standard of review, this court can only reverse if it finds, based on the entire record, that there is no reasonable factual basis for the factual finding and that the fact finder is clearly wrong … , the director shall not have established that the challenged conduct was reasonably believed by the director to be in the best interests of the corporation.

State v. Terrance

11 La.App. 5 Cir. 131 · Louisiana Court of Appeal · Nov 15, 2011

Detective Brian Rico of the Gretna Police Department and other officers had established surveillance in that area. … The defendant asserts she was “clearly not on the same page” as this female undercover officer.

State of Louisiana v. Jamaria Xavier Randle

Louisiana Court of Appeal · Jan 31, 2024

Aggravated kidnapping is the doing of any of the following acts with the intent thereby to force the victim, or some other person, to give up anything of apparent present or prospective value, or to grant any advantage or immunity … As clearly reflected within this provision, “the defense of coercion is not available to one charged with murder[.]” State v. Glass, 455 So.2d 659, 664 (La.1984), cert. denied, 471 U.S. 1080, 105 S.Ct. 2159 (1985).

Michael H. Taylor v. Louisiana State Racing Commission

Louisiana Court of Appeal · Dec 10, 2014

The district court erred in failing to find that the State had established a chain of custody from Dr. … Clearly, they chose the former. As such, the LSRC was heard the arguments and evidence both for and against the validity of Dr.

Clark v. LOUISIANA MEDICAL MUT. INS. CO.

8 La.App. 3 Cir. 634 · Louisiana Court of Appeal · Nov 5, 2008

Butler clearly testified that he did. Further contrary to the plaintiff's assertions, Dr. … When negligence is alleged against a medical specialist, only those qualified in that specialty may offer expert testimony *836 and evidence of the applicable standard of care. Fox v.

Parish of Livingston v. A&M Investment Properties, LLC

Louisiana Court of Appeal · Jun 27, 2024

the finding is not clearly wrong or manifestly erroneous. … Baldwin' s testimony, and the record as a whole, clearly establish that the Parish made numerous attempts to relocate A& M Investments' equipment.