Case law

State of Louisiana in the Interest of K.C.N.

Louisiana Court of Appeal · May 29, 2024

In order to terminate a person' s parental rights, the court must find the State has established 2 DCFS established that K.J. is K.C.N.' s biological father. … A qualified witness only needs to be familiar with the record-keeping system of the entity whose business records are sought to be introduced. Velocity Investments, LLC a Pasqua, 2022- 0626 ( La.

Edward W. Hooper, Jr. v. Richard Peerless Hooper Etc.

Louisiana Court of Appeal · Nov 2, 2006

Appropriate notice to a legal representative would have been notice to him, but it was not until 1995 that a legal representative was appointed and qualified for him. … P., were co-owners, the burden of proof of Billy’s heirs was to establish the commencement of Billy’s possession for himself, and, to establish this commencement, they had to show when and how Billy demonstrated by overt

State v. Buffington

731 So. 2d 340 · Louisiana Court of Appeal · Feb 17, 1999

Rather, defense counsel simply objected to defendant's father testifying to what the prosecutor did on the ground that the witness was not qualified to explain what the prosecutor did, arguing that the prosecutor himself … Clearly, defendant's statement to Det. Demma was the result of her free will, and not the result of the exploitation of an illegal arrest by Det.

Atkins v. Louisiana Mutual Medical Insurance Co.

105 So. 3d 781 · Louisiana Court of Appeal · Nov 7, 2012

McConnell testified that in his opinion, Atkins’ EKG clearly met the criteria for a STEMI. Dr. … Lawrence Chenier, a staff physician and Director of the Emergency Room at Madison Parish Hospital, was qualified as an expert in emergency room medicine.

Craig R. Short v. RaceTrac Petroleum, Inc. individually and d/b/a RaceTrac John Doe, DEF Insurance Company, John Doe, Inc. and DEF Insurance Company

Louisiana Court of Appeal · Feb 24, 2023

The decision to admit or exclude expert testimony is within the sound discretion of the district court, and its judgment will not be disturbed by an appellate court unless it is clearly erroneous. … Danner is qualified to testify as an expert regarding whether 8 additives should have been added to the paint used in the area where Mr. Short fell.

Lafayette Steel Erector, Inc. v. James Constance

Louisiana Court of Appeal · Apr 16, 2014

Where there are two permissible views of the evidence, a factfinder‟s choice between them can never be manifestly erroneous or clearly wrong. Id. … Constance further submits 11 that he is not qualified for the jobs offered given his advanced age, his lack of office and computer skills, and his educational level.3

Bradley Griffith v. Resa Latiolais

Louisiana Court of Appeal · Mar 3, 2010

La.Code Evid. art. 702 provides: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified … Thus, Article 132 establishes a presumption for joint custody of the child.

Daphne Smith v. City Bank & Trust Company

Louisiana Court of Appeal · May 1, 2019

This termination of prosecution raised a presumption in favor of Smith establishing elements four and five. … The trial court did not address this issue, but a remand is unnecessary in light of the jurisprudence we have cited herein which clearly holds damages here are presumed.

State v. Harris

11 La.App. 5 Cir. 626 · Louisiana Court of Appeal · Nov 27, 2012

After being qualified as an expert in the field of firearms examination, Waltzer testified that she examined various firearms evidence in this case. … other than Defendant’s, to establish that any provocation or justification for the shooting existed.

Kenneth Duplechain v. Firooz Jalili

Louisiana Court of Appeal · Dec 8, 2010

Once a qualified health care provider or its insurer pays $100,000.00 to a medical malpractice victim, the liability of the health care provider is to be considered as admitted and established pursuant to the statute regarding … The Medicaid statutes clearly recognize the recovery efforts of the attorney.

Tammatha Messina v. Isle of Capri Casino

Louisiana Court of Appeal · Dec 22, 2004

Richey, which in effect creates a jurisprudential exception to art. 1005, is clearly distinguishable from the case before us. … “‘Substantive laws,’ for purposes of determining whether a law should be applied retroactively, are those which establish new rules, rights, and duties, or change existing ones.” Landry v.

Henry Marange, Jr. v. Custom Metal Fabricators, Inc.

Louisiana Court of Appeal · Nov 2, 2011

the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous). Mart v. … Marange failed to establish his case by a preponderance of the evidence. We disagree.

Bergeron v. Department of Highways

50 So. 2d 337 · Louisiana Court of Appeal · Jan 16, 1951

Clearly, then, there was no negligence on the part of LeBoeuf, in making his turn, for having seen no approaching vehicles, he was not bound to have assumed the presence of one which was hidden behind the Patterson truck. … In other words, the first major procedure was for the purpose and accomplishment of establishing a urethra, which had been obliterated by a rupture, appar *346 ently produced by an automobile accident.”

State v. Ingram

71 So. 3d 437 · Louisiana Court of Appeal · Jun 22, 2011

R.S. 14:19 and 14:20, the presumptions in the code aid the State in establishing an element of a crime upon proof of certain predicate facts. … Apart from the “unlawful activity” and “has a right to be” qualifiers, Section C recognizes that a person may “meet force with force.”

White v. General Motors Corp.

718 So. 2d 480 · Louisiana Court of Appeal · Jun 29, 1998

This prescription was designed to function as an additional requirement, not a superseding direction, for the "class action" to which Rule 23(e) refers is one qualified for certification under Rule 23(a) and (b). Cf. … Clearly, the trial court did not consider any of the requirements of Federal Rule 23(b), in contravention of the dictates of Amchem Products, Inc. v.

Joseph G. Richard v. State of Louisiana Deptartment of Public Safety & Correction and Office of Motor Vehicles

Louisiana Court of Appeal · Jun 3, 2026

That’s clearly what the Court is interpreting under H.(1). These charges were not prosecuted. … (H)(1) clearly establishes that exemption from the reinstatement fee or reimbursement does not affect the validity of an underlying suspension or revocation.

In the Matter of the Succession of Yvonne Edna Morris

Louisiana Court of Appeal · Sep 10, 2020

For instance, the trial court could have chosen to order that certain facts relating to Heather' s forced heirship claims were established as proven for purposes of the litigation in Watkins' favor (La. C. C. … In the present case, the record clearly reflects the egregious conduct of the plaintiff' s counsel.

State of Louisiana v. Stephen Lloyd Mock

Louisiana Court of Appeal · Feb 6, 2019

Mock was sixteen (16) years old so he clearly falls within 857(C)(2). The time - - this is not a hammer case, this is not a criminal - - this is not a misdemeanor case, this is a felony charge. … A conviction on this charge does not qualify as grounds for retention of jurisdiction under Article 305(D), as Defendant was neither convicted of an offense which could have properly served as the basis

State v. Callier

909 So. 2d 23 · Louisiana Court of Appeal · Jul 27, 2005

An accomplice is qualified to testify against an associate in crime even if the prosecutor offered him inducements to testify; such inducements merely affect the witness's credibility. State v. … A trial court's determination on the credibility and weight of testimony relating to the voluntariness of a confession will not be overturned unless clearly contrary to the evidence. State v.

Charles B. Ashy, Sr. v. William E. Trotter, II

Louisiana Court of Appeal · Nov 10, 2004

ORAL CONTRACT AND APPARENT AUTHORITY Louisiana Civil Code Article 1927 states: A contract is formed by the consent of the parties established through offer and acceptance. … On appeal, we will not disturb the trial court’s vast discretion in determining the admissibility of expert testimony unless it is clearly erroneous. See Mistich v.