Case law

State of Louisiana v. Desmond Dangelo Dugas

Louisiana Court of Appeal · May 11, 2022

Medical testimony at trial established that the victim died due to a gunshot wound to the head. … Further, key transcripts of voir dire could not be verified and clearly show gaps of missing conversations.

State in the Interest of C. E., K. E., & C.E.

Louisiana Court of Appeal · Oct 7, 2015

Pursuant to La.Ch.Code art. 608, “[t]he parents of a child who is the subject of a child in need of care proceeding shall be entitled to qualified, independent counsel at the continued custody hearing and at all stages … Moreover, the State had the burden of establishing just one statutory ground of La.Ch.Code art. 1015. State ex rel. J.M., 837 So.2d 1247.

State v. Hall

549 So. 2d 373 · Louisiana Court of Appeal · Aug 23, 1989

In sum, Hall has not met the heavy burden of proving that he was clearly prejudiced by the denial of his motion to sever. … The state need only establish by a preponderance of evidence that the object is the one connected with the case. State v. Sweeney, supra; State v.

In Re: Dana Broussard Medical Review Panel

Louisiana Court of Appeal · Feb 23, 2023

Trawick, at all times pertinent herein, were qualified healthcare providers pursuant to the Louisiana Medical Malpractice Act. … Accordingly, we will apply the manifest error- clearly wrong standard of review. Mitchell, 333 So.3d 365. IV.

New Orleans Redevelopment Authority v. Johnson

2008 La.App. 4 Cir. 1020 · Louisiana Court of Appeal · Jul 8, 2009

subdivision and agency of New Orleans, and gave it broad powers. [10] Its purpose was to take positive action to cure burgeoning deterioration of properties in the city, to reclaim properties creating public health hazards, to establish … Justice Kimball, writing for the Louisiana Supreme Court, stated clearly in Ocean Energy, Inc. v.

State of Louisiana v. Gary Allen

Louisiana Court of Appeal · Dec 22, 2025

Cynthia Gardner, who was qualified as an expert in the field of forensic pathology, performed the autopsy of Mr. Carter. She concluded he had died from multiple, “very severe” gunshot wounds. … She clearly sounds distraught as she relays what happened to the 911 operator, and her story does not stray beyond the facts of the kidnapping and assault that just took place.

Mid-City Automotive, L.L.C. v. Department of Public Safety and Corrections

267 So. 3d 165 · Louisiana Court of Appeal · Nov 7, 2018

R.S. 32:1736(C), tow truck company owners and drivers must ensure, prior to conducting a nonconsensual tow, that the property, parking areas, and spaces are clearly marked as required by the statute to warn motorists that … R.S. 32:1717 (A tow truck owner who has been convicted of a felony relating to vehicle theft does not qualify for a towing license.).

Mid-City Automotive, L.L.C. v. Department of Public Safety and Corrections

267 So. 3d 165 · Louisiana Court of Appeal · Nov 7, 2018

R.S. 32:1736(C), tow truck company owners and drivers must ensure, prior to conducting a nonconsensual tow, that the property, parking areas, and spaces are clearly marked as required by the statute to warn motorists that … R.S. 32:1717 (A tow truck owner who has been convicted of a felony relating to vehicle theft does not qualify for a towing license.).

Joseph H. Fontenot, Jr. v. Wal-Mart

Louisiana Court of Appeal · Mar 4, 2009

Fontenot’s immune system. The Corvel case manager even wrote a toxicologist regarding this issue, but never received a response. A consulting physician, Dr. … Stubbs did not make a diagnosis related to self injury and explained that he was not qualified to do so. He stated, however, that he was concerned that Mr. Fontenot was injuring himself after the second surgery.

Meg Vincent, Wife of and Louis Keith Vincent Versus National General Insurance Company and Dr. Fredrick Dantagnan IV, on Behalf of the Minor, Jacqueline Dantagnan

Louisiana Court of Appeal · Oct 9, 2024

that the finding is clearly wrong. … As the medical records, testimony and evidence establish, Ms.

Chadwick F. Montgomery v. Russell Lee Montgomery, III

Louisiana Court of Appeal · Apr 11, 2012

In Brown v. 5  Drillers Inc., supra, the Supreme Court held that ―substantiating evidence‖ must establish: either (1) that the releaser was mistaken as to … If this qualified as a valid dispute over the scope of a compromise settlement, compromise settlements would have to be the length of novels in order to cover every possible injury that might arise out of any given accident

Eunice M. Guidry v. Allstate Ins. Co.

Louisiana Court of Appeal · Dec 21, 2011

Guidry presented the testimony of Stephanie Chalfin, who was qualified as an expert in Life Care Planning. Ms. … Guidry then presented the testimony of Randolph Rice, who was qualified as an expert in economics, to establish Ms.

State v. Thomas

272 So. 3d 999 · Louisiana Court of Appeal · May 22, 2019

The jury clearly found Reddix's testimony more credible than Lee's or Defendant's. … The habitual offender bill clearly states that Defendant's second degree battery conviction was the fourth felony.

Galloway v. Baton Rouge General Hosp.

583 So. 2d 1169 · Louisiana Court of Appeal · Jun 27, 1991

The plaintiffs [1] subsequently instituted proceedings with a medical review panel against Baton Rouge General Hospital, a qualified health care provider, as required by the Louisiana Medical Malpractice Act, *1171 LSA-R.S … As an intermediate court of review, we are not to set aside the trier of fact's factual findings in the absence of "manifest error" or unless such findings are "clearly wrong." Lirette v.

In the Matter of "Lrb"

Louisiana Court of Appeal · Dec 28, 2022

In reviewing Lakyn’s records from Oceans, she acknowledged that the Oceans physician found that Lakyn was not having paranoid thoughts or delusions, and that there was nothing to qualify her for a psychosis disorder. … To establish that interdiction is necessary, the party seeking an interdiction has the burden of proving interdiction by clear and convincing evidence. La. C.C.P. art. 4548.

State v. Jones

927 So. 2d 514 · Louisiana Court of Appeal · Mar 28, 2006

Joseph Baptist Church qualifies as a protected "drug free zone" under La. R.S. 40:981.3(A)(3)(b). … The prosecutor first laid a foundation by establishing that Agent Wilkie had participated in more than 500 drug operations.

State v. Kennedy

963 So. 2d 521 · Louisiana Court of Appeal · Aug 15, 2007

Rachal qualified at trial as a fingerprint identification expert. … Where the record clearly shows an adequate factual basis for the sentence imposed, remand is unnecessary even where there has not been full compliance with LSA-C.Cr.P. art. 894.1. State v.

State v. Johnson

728 So. 2d 901 · Louisiana Court of Appeal · Jan 26, 1999

It was also stipulated that the defendant had a prior qualifying narcotics conviction for three counts of distribution of cocaine. The defendant asserts three assignments of error in this case. … Such factual determinations are entitled to great weight and will not be *908 disturbed unless clearly contrary to the evidence. Id.

State v. Thomas

272 So. 3d 999 · Louisiana Court of Appeal · May 22, 2019

The jury clearly found Reddix's testimony more credible than Lee's or Defendant's. … The habitual offender bill clearly states that Defendant's second degree battery conviction was the fourth felony.

Harold Marcell Parker, Jr. v. Livingston Parish Government

Louisiana Court of Appeal · Oct 8, 2025

Parker was not or had not resigned, and this finding is not clearly wrong. See Pitre v. Buddy' s Seafood, 2011- 0175 La. … Erdey believed he had a more qualified candidate for the Tourism Board. As such, the executive session violated LSA- R. S. 42: 16 and 42: 17 of the Open Meetings Law.