Case law

State of Louisiana v. Erick Gail Gragg

Louisiana Court of Appeal · Sep 21, 2022

In the instant case, the alleged error is clearly an Apprendi violation. … Thereafter, the State introduced evidence establishing that the unidentified prospective juror was Margaret Hendrix.

Shelley W. West v. Bruner Health Group, Inc.

Louisiana Court of Appeal · Oct 29, 2003

West traveled to Oklahoma, attended J.A.B. training classes and qualified as a J.A.B. sales agent. While in Oklahoma, she met the Bruners. On December 1, 1997, J.A.B. retained Mrs. … Clearly, the evidence was sufficient to establish with reasonable certainty the J.A.B. profits from the sale of the wheelchairs and therefore was sufficient to establish the appropriate commissions.

State of Louisiana v. Cedric Charles Edwards AKA Cederic C. Edwards

Louisiana Court of Appeal · Feb 6, 2013

According to the court, “(t)o hold that evidence obtained by a parole officer in the course of carrying out this duty cannot be utilized in a subsequent prosecution would unduly immunize parolees from conviction … She was then asked if she had to establish that the bedroom she searched was that of the defendant before it was searched.

State Of Louisiana v. Frank Garcia

Louisiana Court of Appeal · Mar 4, 2020

Clearly, the court was not required to postpone ruling upon the motion until after voir dire.9 However, the number of jurors excused for cause, if any, may further illuminate whether prejudice against defendant existed in … East Baton Rouge Parish had a population of 440, 171. 12 The size of the jury pool to be summoned is unknown at this time, but given the large population of East Baton Rouge Parish, the likelihood of a dearth of qualified

Rachel Kimball and Tanya Silvernagel v. Laura Kamenitz, Eliot Kamenitz, Nola Cat, LLC, A/K/A Nola Cat Properties, LLC, Spanish Stables Condo Association, Sunshine Home Inspection, LLC, Abc Insurance Company, Xyz Insurance Company

Louisiana Court of Appeal · Oct 26, 2021

Article VI, Section 2 of the Act of Declaration Creating and Establishing the Condominium Regime (“Condo Declaration”) for the Spanish Stables Condominiums requires the SSCA to maintain … Moreover, the arbitration provision is a broad one and it appears that the cross-claims against SSCA stemming from the moisture intrusion of the common wall would qualify as a dispute between the parties.

Jamie LaBranche v. Louisiana Department of Justice AG Jeff Landry

Louisiana Court of Appeal · Dec 15, 2022

The $ 21 billion dollars were handled through third parties for homeowners to claim any remedies if they qualified. … However, where it is clearly in the interest of judicial time and economy to dispose of the peremptory exception, the trial court has been required to decide the exception prior to trial. Lambert v.

Daniel E. Bannister v. SFB Companies, Inc. of Delaware

Louisiana Court of Appeal · Nov 15, 2019

Clearly, the judgment denying the exception in this case does not determine the merits in whole or in part and is not a final judgment. … On appeal, SYSTRA asserts that the record is devoid of the necessary evidence to establish that it had sufficient minimum contacts with Louisiana.

Daniel E. Bannister v. SFB Companies, Inc. of Delaware

Louisiana Court of Appeal · Nov 15, 2019

Clearly, the judgment denying the exception in this case does not determine the merits in whole or in part and is not a final judgment. … On appeal, SYSTRA asserts that the record is devoid of the necessary evidence to establish that it had sufficient minimum contacts with Louisiana.

Brian McCann v. Christus St. Frances Cabrini Hospital

Louisiana Court of Appeal · May 11, 2016

Vondrak also asserts that, in any case, the trial court’s grant of the exception of prescription was not clearly wrong. … A trial court’s grant of an exception of prescription is reviewed under the clearly wrong-manifest error standard of review. Patin v.

Jerry Israel Cummings v. Shari Bishop

Louisiana Court of Appeal · Oct 23, 2019

(3) Awarding temporary custody of or establishing temporary visitation rights and conditions with regard to any minor children or person alleged to be incompetent. … In order to reverse, an appellate court “must find from the record that a reasonable factual basis does not exist for the finding of the trial court and that the record establishes that the finding is clearly wrong.”

Barkerding v. Whittaker

263 So. 3d 1170 · Louisiana Court of Appeal · Dec 28, 2018

The record contains multiple written documents establishing that SmartPak, the company, was the only client. … "Clearly, prescription begins to run when a plaintiff has actual knowledge that a damaging act has occurred." Robert , 14-0822, p. 17 , 164 So.3d at 934 .

Dickson v. Peters

87 So. 2d 187 · Louisiana Court of Appeal · Apr 19, 1956

at the time by her employee and chauffeur, David Frazier, approached from the rear, and, as said car started around the truck, several head of cattle were observed immediately adjacent to the highway north of the bridge, clearly … That such in themselves may have occurred is, therefore, of no material importance in establishing any negligence charged in this case.

State Of Louisiana v. Roslyn G Legaux

Louisiana Court of Appeal · Sep 27, 2019

Ct. 1444, 1453, 20 L.Ed.2d 491 ( 1968) (" [ c] rimes carrying possible penalties up to six months do not require a jury trial if they otherwise qualify as petty offenses."); State v. Suggs, 432 So. 2d 1016, 1017 ( La. … The facts then established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable doubt that the defendant

Stanley R. Palowsky, III v. W. Brandon Cork, Anthony White, OHC Services, L.L.C. and Alternative Environmental Solutions, Inc.

Louisiana Court of Appeal · May 20, 2020

App. 2nd Cir. 1991), writ denied, 591 So. 2d 708 ( La. 1992) ( employee' s act of stealing money and assaulting his supervisor found to be clearly beyond the course and scope … The right to amend one' s petition is qualified by the restriction that the objections to the petition be curable. Savoie v. Charles, 10- 1008, p. 8 ( La.

Paul Magbee v. Federal Express

Louisiana Court of Appeal · Dec 12, 2012

Driver may be subject to SPE certificate if otherwise qualified.” Dr. Hernandez marked that there was no extremity-limb impairment, with the qualifying comment concerning Mr. … The statute clearly ties the recovery of attorney fees to the recovery of penalties.

David Michael Craig v. Shari Bishop

Louisiana Court of Appeal · Oct 23, 2019

(3) Awarding temporary custody of or establishing temporary visitation rights and conditions with regard to any minor children or person alleged to be incompetent. … In order to reverse, an appellate court “must find from the record that a reasonable factual basis does not exist for the finding of the trial court and that the record establishes that the finding is clearly wrong.”

Noles-Frye Realty (Nai Latter & Blum) v. Holly Dixon

Louisiana Court of Appeal · May 9, 2018

However, the trial court clearly rejected that argument and addressed its findings based upon such a condition. … It does not qualify that return based upon a “reason” the loan could not be obtained.

State Of Louisiana v. William B. Turner

Louisiana Court of Appeal · Apr 19, 2024

A reviewing court owes the trial court' s evaluations of discriminatory intent great deference and should not reverse them unless they are clearly erroneous. … We agree with the trial court that the defendant did not establish a prima facie case of discrimination.

State Of Louisiana v. Morris Joseph Hollins

Louisiana Court of Appeal · Mar 19, 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 trier of fact to conclude … However, the definition of second degree murder included the language " with specific intent to kill or to inflict great bodily harm" without any qualifying terminology as to " sudden passion or heat of blood."

Martin Baack and Brenda Baack v. Michael McIntosh

Louisiana Court of Appeal · Jul 29, 2020

Factual findings are reviewed under the “manifestly erroneous or clearly wrong” standard. /d. at 1127. … In order to reverse a factual determination of the trial court, the appellate court must first find that a reasonable factual basis does not exist for the finding and that the record establishes that the finding is clearly