Case law

State v. Sinegal

97 So. 3d 649 · Louisiana Court of Appeal · Aug 1, 2012

The facts in Hughes , however, are clearly distinguishable from those in the instant case. … With no objection to IMPACT program or any doe programs that the defendant may qualify for. Defendant did not file a motion to reconsider sentence, thus, we conduct a bare-bones review of his sentence.

Courtney D. Gray and Shana M. Gray v. UV Logistics, LLC, d/b/a United Vision Logistics, Albert Knight, Sr., Individually and/or d/b/a AK Trucking, LLC, Diamond Tank Rentals, Inc., ABC Insurance Company, DEF Insurance Company and GHI Insurance Company

Louisiana Court of Appeal · Nov 17, 2022

establishes that such an allocation of fault is manifestly erroneous. … that the finding is clearly wrong ( manifestly erroneous).

Eleanor Johnson v. Zachary Heflin and Eudora Thrasher

Louisiana Court of Appeal · Mar 6, 2024

The appellate court’s review of factual findings is governed by the manifest error-clearly wrong standard. … Clearly, La.R.S. 13:4611(1)(g) is inapplicable as neither party has been found in contempt. Therefore, we find no merit to Eleanor’s assignment of error.

Calcasieu Parish School Board,sales & Tax Use Dept. v. Nelson Industrial Steam Co.

Louisiana Court of Appeal · Mar 18, 2020

Undisputed testimony established that NISCO actively purchased equipment specifically designed for the production of ash and sought a buyer for its ash. … Clearly, the ash is not an incidental byproduct and therefore the limestone used to make it is excluded from taxation for the same reasons it was excluded under the prior version of the statute.

Farthing v. Neely

129 So. 2d 224 · Louisiana Court of Appeal · Apr 17, 1961

In the case at bar, the bond for deed contract provides that certain roadways may be established by the Police Jury of the parish. … Denson Smith's comment at Louisiana Law Review 46 (1947): "This legislation recognized that purchasers under such contracts are generally not as well informed as are sellers nor, consequently, as qualified to protect themselves

State Of Louisiana v. Justin Lee Griffin

Louisiana Court of Appeal · Sep 26, 2024

Rather, appellate review is limited to determining whether the facts established by the direct evidence, and inferred from the circumstances established by that evidence, are sufficient for any rational … The record establishes that T.G. was under the age of thirteen at the time of the events at issue.

State v. Bias

265 So. 3d 821 · Louisiana Court of Appeal · Feb 6, 2019

Christopher Singletary, a forensic DNA analyst at the Southwest Louisiana Crime Lab, qualified as an expert in the field of forensic DNA analysis at trial. … Accordingly, we find that the evidence is sufficient to establish the elements of attempted second degree murder, and Defendant's conviction is affirmed.

Frye v. Joe Gold Pipe & Supply Co.

50 So. 2d 38 · Louisiana Court of Appeal · Jan 5, 1951

The testimony of the Negro boy Miller, riding with Carr, clearly supports these conclusions. … As to whether the *44 disability is permanent, the record is not at all conclusive, but it is as nearly established as could be expected in a case of this character.

St. Landry Homestead Federal Savings Bank v. Hubert Vidrine

Louisiana Court of Appeal · Jun 12, 2013

These qualify as contracts as that term is defined in La.Civ.Code art. 1906. … However, we do not interpret the supreme court‟s decisions in Whitney, Jesco, and King to establish a rule of law that the Louisiana Credit Agreement Act renders a financial institution immune from any and all liability

State v. Hattaway

674 So. 2d 380 · Louisiana Court of Appeal · Jun 20, 1996

A temporary concrete plant had been established at this site to facilitate construction of a prison. … While attempting to establish a foundation to introduce into evidence letters Hattaway wrote to Ms.

State of Louisiana v. Earnest G. Hamilton

Louisiana Court of Appeal · Apr 5, 2017

challenges are a means of “ ‘eliminat[ing] extremes of partiality on both sides,’. . .thereby ‘assuring the selection of a qualified and unbiased jury.’ ” Holland v. … While peremptory challenges are one means of assuring the selection of a qualified and unbiased jury, the U.S.

Bank of Zachary v. Louisiana Citizens Property Insurance and McInnis Insurance Services, Inc.

Louisiana Court of Appeal · Sep 22, 2020

Because MIS clearly sought to preserve its right to seek review of the trial court' s adverse interlocutory judgment, and because no undue prejudice results to Citizens by conversion of the instant appeal to an application … Regulation 87 applies to all duly licensed insurance producers who have applied to Citizens and have met the qualifications for binding authority and establishes the guidelines and requirements for licensed and qualified

Bank of Zachary v. Louisiana Citizens Property Insurance and McInnis Insurance Services, Inc.

Louisiana Court of Appeal · Sep 22, 2020

Because MIS clearly sought to preserve its right to seek review of the trial court' s adverse interlocutory judgment, and because no undue prejudice results to Citizens by conversion of the instant appeal to an application … Regulation 87 applies to all duly licensed insurance producers who have applied to Citizens and have met the qualifications for binding authority and establishes the guidelines and requirements for licensed and qualified

Linda Aranguren Ballex, as the tutrix of her minor child, Verna Maria Ballex v. Eugene Ballex and Kelly Sparacio Ballex

Louisiana Court of Appeal · Jul 6, 2020

It is well settled that appeals are favored in the law and should be maintained unless a legal ground for dismissal is clearly shown. Edgefield v. … Property can neither be acquired nor disposed of gratuitously except by donations inter vivos or mortis causa, made in one of the forms established by law. See La. C. C. art. 1467.

Katina Hodges v. Golden Nugget Lake Charles, LLC

Louisiana Court of Appeal · Mar 7, 2018

The medical evidence clearly shows that Ms. Hodges had severe depression before the accident; however, Dr. … Hodges’ treating physicians, clearly warranted the WCJ’s allowance of these witnesses live testimony. Moreover, Dr.

In Re New Orleans Train Car Leakage Fire Litigation

2000 La.App. 4 Cir. 0479 · Louisiana Court of Appeal · Jun 27, 2001

Butadiene and at least one of its breakdown products are clearly established in the scientific literature as carcinogenic. … He is on the boards of editors of several scholarly journals, has extensive publications in peer-reviewed journals and has qualified as an expert witness in federal and state courts on several dozen occasions.

Rhett Hayes v. Brittany Marie Gunn

Louisiana Court of Appeal · Apr 24, 2013

Therefore, although Hayes was in possession prior to the institution of this dispute, Hayes clearly does not own any portion of Lot 13. Lot 13 is clearly owned by Brittany Marie Gunn. … In the case at bar, Hayes clearly does not have any act translative of ownership regarding Lot 13 and he clearly knew of the defects in his ownership.

State v. Duong

13 La.App. 5 Cir. 763 · Louisiana Court of Appeal · Aug 8, 2014

For the reasons which follow, we find that the prosecutor’s reference to defendant’s post-arrest silence was clearly improper and that the trial court clearly erred in ruling that the prosecutor could query the investigating … Supreme Court explained: laiThis court has expressed its disapproval of placing before the jury evidence that the police advised the defendant of his Miranda rights at the time of his arrest when the testimony does not establish

State of Louisiana v. Austin Benjamin Cedars

Louisiana Court of Appeal · Jul 19, 2017

However, the 7 trial court clearly considered numerous factors in the formation of Defendant’s sentence, including his youth and poor upbringing, and balanced those factors … 209 U S 36 38 28 Sup Ct 422 52 L Ed 670 Moreover if the last shot was intentional and may seem to have been unnecessary when considered in cold blood the defendant would not necessarily lose his immunity

State Of Louisiana v. Jason Bringier

Louisiana Court of Appeal · Dec 30, 2021

was clearly harmless."). Initially, the GSR evidence established the defendant lied to the police when he claimed the victim shot herself. … Clearly, the trial court was reasonable in finding that " doubt existed as to the juror' s competency to serve." See La. C.