Case law

State Of Louisiana v. Andre V. Griffin

Louisiana Court of Appeal · Jan 30, 2024

While the record is silent as to how this transpired, the record clearly shows that Stoute was appropriately placed on a jury panel and the defendant was not prejudiced by the trial court' s initial error. … The defendant herein has failed to establish that he was prejudiced by the late discovery such that the interests of justice required the trial court grant his motion to continue.

Michael M. Mulkey, Sr. v. Century Indemnity Company, Petroleum Casualty Company, James Ralph Vannoy, R.H. Bretz, Ralph F. Howie, and Joseph D. Midwikis

Louisiana Court of Appeal · Aug 7, 2019

If evidence is introduced, the trial court' s findings of fact are reviewed under the manifest error - clearly wrong standard of review. … The record is devoid of anything to establish Mulkey had any source of information that would have alerted him of the harms of benzene exposure.

Noel W. Yates v. Lisa J. Yates

Louisiana Court of Appeal · Feb 11, 2025

The Montana tractor, an asset allocated to Noel, was established to have a value of $9,000.00, and the July 13, 2022 Judgment awarded Lisa a $4,500.00 reimbursement claim for the tractor. … YATES with Vernon Parish Sheriff’s Office shall be divided by Qualified Domestic Relations Order.

Jennifer Theriot v. Physicians Medical Center, LLC and XYZ Insurance Company

Louisiana Court of Appeal · Oct 27, 2022

Theriot was advised that PMC was not a qualified health care provider. … Theriot' s claims as to lack of consent were clearly prescribed.

Coastal Chemical Company, LLC v. The Travelers Indemnity Company and Lexington Insurance Company

Louisiana Court of Appeal · Sep 7, 2022

However, the language of the anti - assignment clause must clearly and unambiguously express that it applies to post - loss assignments. … The pertinent Lexington policy provision clearly defines " Persons Insured" and includes only specific individuals.'

State v. Langley

10 La.App. 3 Cir. 969 · Louisiana Court of Appeal · Apr 6, 2011

. *758 Regardless of the jury’s thought process in this particular case, clearly the argument that the issue of specific intent was “necessarily determined” is unsupported. … Overzealous application of this remedy would infringe ‘the societal interest in trying people accused of crime, rather than granting them immunization because of legal error.... ’ United States v.

State v. Page

837 So. 2d 165 · Louisiana Court of Appeal · Jan 28, 2003

An accomplice is qualified to testify against a co-perpetrator even if the prosecution offers him inducements to testify. The inducements merely affect the witness's credibility. State v. … Yrle, clearly fearing his life, immediately laid down spread eagle in a parking lot. We find sufficient evidence to support the *177 jury's determination that defendant was armed with a dangerous weapon.

State of Louisiana v. Sidney Myers

Louisiana Court of Appeal · Apr 2, 2025

The credibility of J.W. and C.M. was clearly at issue in this case. … The evidence in this case clearly established that the State did not suppress anything, instead turning over the news of a second counselor immediately after discovery.

Jennifer Theriot v. Physicians Medical Center, LLC and XYZ Insurance Company

Louisiana Court of Appeal · Oct 27, 2022

Theriot was advised that PMC was not a qualified health care provider. … Theriot has failed to establish a continuing treatment relationship with PMC after August 11, 2015.

In the Matter of the Succession of Wayne Edmond Breen

Louisiana Court of Appeal · Jul 11, 2023

The consolidation of actions does not merge them unless the records clearly reflect an intention to do so. Dodson & Hooks, APLC, 318 So. 3d at 945 n. 3. … We note that Kacie sought to establish her claims in a motion for summary judgment.

State of Louisiana v. Cody Nicholas Davis

Louisiana Court of Appeal · May 5, 2021

During the trial, the State established that Alvin Beck reported his 2017 Nissan Titan truck missing to the Lake Charles Police Department on April 8, 2018. … Edwards, the record does not establish her identity as she did not testify before the trial court. Moreover, when questioned, Mr.

Tamerah Boykin v. Ppg Industries, Inc.

Louisiana Court of Appeal · Jun 18, 2008

In granting PPG’s motion for summary judgment, the trial court stated that the depositions in evidence established that D&Z’s training of Ms. … Boykin for any damages sustained due to the negligence of any other party. 5 Louisiana Civil Code Article 2323 requires this separate assessment even though D&Z may be immune from tort liability to Ms.

Gabriel Lagrange v. Harley E. Boone

Louisiana Court of Appeal · Dec 11, 2024

“Unless grounds for vacating, modifying or correcting the award are established, the award must be confirmed, and the burden of proof is on the party attacking the award.” La. Physician Corp. v. Larrison Fam. … “‘Manifest disregard of the law’” refers to an error by the arbitration panel that is obvious and capable of being readily and instantly perceived by an average person qualified to serve as an arbitrator.”

State in the Interest of S.C. J.

Louisiana Court of Appeal · Feb 3, 2010

To convict of attempted armed robbery, there must be sufficient evidence to establish the intent to take something of value even though the act of taking need not be established. … Moreover, the State argued specific intent in closing arguments, stating in pertinent part: Clearly, he had the specific intent.

Terry Lee Johnson, Sr. v. Lynn Edward Foret, M.D.

Louisiana Court of Appeal · Jun 18, 2014

Foret was a qualified health care provider and was covered by the Louisiana Patients’ Compensation Fund (“LPCF”). After the medical evidence was submitted to the LPCF, the fund ultimately settled with Mr. … But it is well established that “witnesses are weighed and not counted, and the weight to be given evidence is not determined by the number of witnesses.” Duhon v.

State of Louisiana v. Thomas Kirk Gaton

Louisiana Court of Appeal · Jun 12, 2013

‘s interview 4 that she established that C.T. knew the difference between telling the truth and telling a lie. … The verdict clearly indicates the jury chose to believe Defendant committed the acts against C.T. That credibility determination should not be second-guessed by this court.

State of Louisiana v. Kyvonte Latrell Eaglin

Louisiana Court of Appeal · Mar 28, 2018

The defendant submitted nothing to show she was not qualified to testify as an expert in forensic firearms analysis in this case. … Jashanna Drake’s testimony is so inconsistent it cannot be relied on for establishing any fact. Although Mr.

Ronald Lanclos v. Coastal Food, LLC

Louisiana Court of Appeal · Jul 7, 2004

Moreover, in Wise [707 So.2d at 1217], the Louisiana Supreme Court stated: A work injury subsequent to a known permanent partial disability qualifies an employer to seek … Texas-LA Cartage, Inc., 98-1063, p. 8 (La. 12/1/98), 721 So.2d 885, 890 that: “The unambiguous language of La.R.S. 23:1201 clearly establishes that penalties and attorney fees for failure to timely pay benefits shall be

Emma Bradford v. Citgo Petroleum Corporation

Louisiana Court of Appeal · Jan 10, 2018

that the finding of the trial court is clearly wrong (manifestly erroneous). … Parker III, a Certified Industrial Hygienist, also established general causation. Mr.

State of Louisiana v. Jordan D. Johnson

Louisiana Court of Appeal · Nov 2, 2023

In order to qualify to serve as a juror, a person must: .... … The trial court found the juror was qualified to serve because of the first offender pardon. The fourth circuit found the defendant failed to show the trial court erred in finding the juror was qualified to serve.