Case law

Cls v. Gjs

953 So. 2d 1025 · Louisiana Court of Appeal · Mar 7, 2007

Vaughan-Eden further opined that some of the "hyperactive or silly or anxious" behavior attributed to the Daughter was "clearly trauma." … The Louisiana *1046 Supreme Court held that the statute did not establish a penalty for noncompliance, and the court could not supply one by dismissing the disciplinary action.

N. G. v. A. C.

Louisiana Court of Appeal · Oct 2, 2019

or when the allegations show the existence of an affirmative defense that appears clearly on the face of the pleadings.” City of New Orleans, 739 So.2d at 756. … The equitable doctrine is, in part, but an application of the long-established principle of law that one should not be able to take advantage of one’s own wrongful act. Nathan v.

Noel W. Yates v. Lisa J. Yates

Louisiana Court of Appeal · Nov 2, 2023

Noel clearly testified that the funds in the account were community property prior to the deposit of the funds he received as part of his inheritance. … Likewise, the trial court’s judgment established the value at $590,000.00.

State of Louisiana v. James Lee Burks, III

Louisiana Court of Appeal · Feb 6, 2013

Jim Pruitt, an officer with Lake Charles Police Department, was qualified as a forensic analyst of digital medium. … After receiving limited use immunity, Lorenzo Reed testified that after the girls left for the casino, he, Rubin, and Defendant went to the casino.

Dionne Christy and Demond Chatman v. Atlantic Specialty Insurance Company, Lionel Franklin, Jr., and State Farm Mutual Automobile Insurance Company

Louisiana Court of Appeal · Mar 3, 2022

that the factfinder is clearly wrong or manifestly erroneous. … We cannot say this conclusion is clearly wrong.

State of Louisiana v. Jewel Demon Humphrey

Louisiana Court of Appeal · Mar 29, 2023

a specific qualifying degree of underrepresentation. … Distinctions based on race or national origin clearly meet the “distinctive group” test. See Castaneda v. Partida, 430 U.S. 482, 97 S.Ct. 1272 (1977); Hernandez v.

Walter A. Glod, Jr., M.D. v. W. Gregory Baker

Louisiana Court of Appeal · Mar 23, 2005

There is no qualifying language attached to this [time limit]. … The acts which occurred after January 29, 1997 do not qualify as unfair trade practices as a matter of law.

State of Louisiana v. Tanya Buteaux

Louisiana Court of Appeal · Mar 14, 2018

Trappey III, a certified public accountant who was qualified as an expert in accounting and tax preparation. In his testimony, Mr. … Therefore, we remand this matter to the trial court for establishment of a payment plan for the $89,186.63 restitution.

Tangela Annette Brown v. Georgia Gulf Lake Charles, LLC

Louisiana Court of Appeal · May 21, 2014

that the factfinder is clearly wrong or manifestly erroneous. … The medical testimony established Ms.

State of Louisiana v. Travis Shane Ryan

Louisiana Court of Appeal · Mar 26, 2025

The trial court erred in allowing the State to admit evidence without establishing authenticity of a sufficient chain of custody,” and “II. … The testimony of these two qualified witnesses is sufficient to meet the requirements of Rule 901. See United States v.

State of Louisiana v. Samuel Delaney

Louisiana Court of Appeal · Oct 10, 2007

However, assuming it was such an “act,” Defendant’s watching or showing the videos to his son was clearly not “lewd and lascivious” under Louviere [State v. … If “french kissing” does not qualify as attempted indecent behavior with a juvenile, we cannot say watching sexually-explicit videos qualifies.

State v. Gatewood

12 La.App. 5 Cir. 281 · Louisiana Court of Appeal · Oct 30, 2012

In the absence of qualifying provisions, the terms “intent” and “intentional” refer to “general *632 criminal intent.” 1 La. R.S. 14:11; State v. Williams, 11-427 (La.App. 5 Cir. 2/28/12) , 88 So.3d 1102, 1111 . … If a ground for recusation is established the judge shall recuse the district attorney.

William Alan Pesnell And

Louisiana Court of Appeal · Mar 12, 2025

Rather, Plaintiffs argue that the delay for responding to a public records request is clearly set out in La.R.S. 44:35(A). … Aswell filed suit is sufficient to establish that he “prevail[ed] in such suit.”

State of Louisiana Versus Alexsy Mejia

Louisiana Court of Appeal · Nov 29, 2023

The State further claims that the defense has not established that the victim was capable of testifying at trial. … An interpreter of foreign-language testimony must be competent and qualified by virtue of knowledge, skill, experience, training, or education, have no substantial interest in the proceedings, and be sworn to give a true

Nastasi v. Fejka

556 So. 2d 1307 · Louisiana Court of Appeal · Feb 2, 1990

Evaluation of the credibility of witnesses is, without doubt, the province and function of the jury; and we cannot say that this conclusion was clearly wrong. … At trial, it was established that Fejka had had insurance on his automobiles with State Farm for several years prior to 1984.

State v. Prince

16 La.App. 3 Cir. 260 · Louisiana Court of Appeal · Feb 1, 2017

It was also established at trial that Otten and Jason Fruge were related. Detective LeJeune testified he believed Otten was Jason Fruge’s half-sister. … Clearly, the jury could only have reasonably found Defendant guilty by accepting as true the testimony of Michael Hayes.

Michael Greene v. Town of Lake Arthur

Louisiana Court of Appeal · Jan 8, 2020

STANDARD OF REVIEW: “Factual findings in workers’ compensation cases are subject to the manifest error or clearly wrong standard of appellate review.” Banks v. Industr. … In order to deliver “medical and surgical treatment, hospital care, and other health care provider services” in “an efficient and timely manner to injured employees[,]” the legislature established the medical treatment

Mark Wheeler v. Louisiana Peace Officer Standards and Training Council

Louisiana Court of Appeal · Jun 3, 2020

We recognize that LAC 22: III.4731( C)( 3) expressly provides that the certification of any qualified peace officer " shall be revoked if the officer ... failed to complete additional training as required … Any hearings conducted by the [ POST Council shall be conducted according to guidelines established by the [ POST C] ouncil. E.

PROFESSIONAL FLUID SERVICES, LLC VERSUS NORSK BRONNSERVICE AS and NBS SOLUTIONS As

Louisiana Court of Appeal · Apr 25, 2018

No matter how clearly such penalty clauses are written, courts as a matter of public policy should decline to enforce an agreement which clearly is not one for true liquidated damages. … The term “the purchase and the sales price for all PFS Products at the date of cancellation of the Agreement” does not provide a time period to determine what qualifies as the purchase and

State of Louisiana v. Paxton Jules Trahan

Louisiana Court of Appeal · Apr 6, 2011

“Specific intent may be established by the circumstances surrounding an accused’s actions. State v. Anderson, 98-492 (La.App. 3 Cir. 10/28/98), 721 So.2d 1006, writ denied, 98-2976 (La. 3/19/99), 739 So.2d 781.” … Dane Allen was given immunity for his testimony. He testified that Harrington told him “they” shot James, and, while Defendant cleaned up the room, Harrington burned the body.