Case law

Nicol Edward Hannie v. Colonial Oaks Al Lafayette Employer, LLC

Louisiana Court of Appeal · Feb 9, 2022

“The burden of proof is upon the pleader to establish the essential facts to sustain the plea of res judicata.” Jans. Assocs., Inc. v. … Francisville Country Manor, LLC, 13-190 (La.App. 1 Cir. 11/1/13), 136 So.3d 20, the first circuit addressed the issue of whether a paid day off qualified as an amount due pursuant to La.R.S. 23:631.

Nghana Lewis, Officially Versus St. John the Baptist Parish Through Stacey Cador, in Her Capacity as Director of Human Resources

Louisiana Court of Appeal · Oct 19, 2022

Cador, Judge Lewis decided to amend the terms of employment to allow C.O. 7 days to submit additional paperwork to determine if she qualified for FMLA. 22-CA-43 1 termination … While we find no clear error in the trial court’s findings,9 the court was required only to determine (1) if the public officer has refused to perform a ministerial duty that is clearly provided by law, and (2) mandamus

Willis J. Jones and Shadonne Jones v. Dynamic Industries, Inc. and Bp America Production Co.

Louisiana Court of Appeal · May 26, 2021

The survivors designated in La.Civ.Code art. 2315.1 as those qualified to recover damages for injury to a deceased person are: (1) the surviving spouse and/or children of the deceased; . . . … Under well-established jurisprudence, it is clear no wrongful death claim existed when either the original or first amended petition was filed.

Marilyn Maricle v. Liberty Mutual Insurance Co.

Louisiana Court of Appeal · Mar 2, 2005

Maricle a traffic citation for an unsafe left turn, but that she committed an unsafe left turn. 11  The testimony of an investigating officer not qualified as an accident … The contents of Trooper Mire’s accident report clearly contain hearsay as defined by La.Code Evid. art. 801(C).

Randall Kling v. Louisiana Department of Revenue

Louisiana Court of Appeal · Jul 18, 2019

Kling. 5 "` Appointment' means an offer by an appointing authority to a qualified person of employment in a classified position and the acceptance of such offer." … Before an appellate court can disturb the quantum of an award, the record must clearly reveal that the jury abused its discretion.

Roubion Shoring Company, LLC and Roubion Construction Co., LLC Versus Crescent Shoring, L.L.C., Christopher Lytle, Alan J. Tucker & Thomas H. O'Neil C/W Roubion Construction Co., LLC Versus Catina Curtis and Marvin Curtis, Michelet Paul and Olgath Augustin Paul, Trena M. Lafrance, Yvette Hopkins and Cornelius Hurst, Sabrina Morrison and James L. Pollard, Connie Walker and Gregory Francis Wilson, Sr., Joyce Legaux and Gerald Willard Stanford, Latoya Hills and Shane Lagarde, Sr., and Roland Rodney

Louisiana Court of Appeal · Dec 22, 2021

First, plaintiffs must establish that a party took a “step” towards prosecution or defense of the lawsuit. … The court determined that continuing the hearing on a motion for summary judgment, without date, does not further the suit towards judgment, and thus does not qualify as a “step” to interrupt the accrual of the abandonment

State Of Louisiana v. Carl Thompson, II

Louisiana Court of Appeal · Apr 16, 2021

The Louisiana Supreme Court held in Cannon, 267 So. 3d at 585- 586: Defendant has shown that, under the system employed in East Baton Rouge Parish, persons born after June 2, 1993, otherwise qualified to … Ct. at 1406. 4The legislative act establishing the present version of LSA-C.Cr.P. art. 782( A) was passed on May 23, 2018. See 2018 La.

State of Louisiana v. John Randal Eakins

Louisiana Court of Appeal · Oct 18, 2023

12 there were over fifteen hundred files that he described as “child erotica” which did not technically qualify as child pornography. … Clearly, Agent Lucia’s testimony was given in the context of this case and had a firm foundation based on the evidence.

State of Louisiana v. William Shupp

Louisiana Court of Appeal · Feb 3, 2016

The verdict in a criminal case must clearly convey the intent of the jury. La.C.Cr.P. art. 810. … Brady also requires the disclosure of evidence concerning a promise of leniency or immunity to a material witness in exchange for his testimony at trial. Giglio v. United States, supra.

Markus Chaisson v. Kevin K. Jolivetter

Louisiana Court of Appeal · Dec 14, 2022

Finally, the LCG investigator stated that the videos which were placed into evidence “clearly” showed the bus to the right of the center line and not to the left as stated by the Plaintiff. … Louisiana Code of Evidence article 901(B)(1) establishes that the testimony of a witness with knowledge is sufficient to authenticate an item introduced into evidence.

State of Louisiana v. Carol M. Hughes

Louisiana Court of Appeal · Dec 31, 2003

Clearly, by reading the statute verbatim, the trial court informed the Defendant of the basic elements of negligent homicide. … I have carefully reviewed the record and my position is consistent with precedent and established jurisprudential tenets.

State v. Mayeux

265 So. 3d 1096 · Louisiana Court of Appeal · Feb 6, 2019

However, La.R.S. 15:438 does not establish a stricter standard of review on appeal than the rational juror's reasonable doubt standard. … As explained above, evidence of other crimes, wrongs or acts may also be introduced to establish proof of motive.

Jones v. Cain

2014 La.App. 4 Cir. 0226 · Louisiana Court of Appeal · Oct 8, 2014

However, in spite of the foregoing, we cannot say that the trial court was clearly wrong in its conclusion. … Use of Hearsay In his final claim, Robert asserts that the trial court erred by allowing the state to use hearsay evidence to establish that he and Lester knew each other and to use this testimony during its argument to establish

State of Louisiana v. McKartney Young

Louisiana Court of Appeal · May 15, 2019

This certainly does not qualify Defendant as the exceptional case such as to warrant a finding that the sentencing provisions of La.R.S. 15:529.1 are unconstitutional as applied to him, nor does the recognition of the Defendant … The record establishes that Defendant originally pled not guilty to the underlying offenses on July 25, 2014.

State of Louisiana v. A.D. L

Louisiana Court of Appeal · May 2, 2012

Art. 507 hearing to Establish Validity of State’s Subpoenas,” wherein it sought to establish the validity of the subpoenas issued to Judge Donald Hebert, who was the trier of fact at Defendant’s trial, and to trial counsel … Nonetheless, if a defendant is tried and convicted by a judge when clearly entitled to a jury, the record must show that a jury was knowingly and intelligently waived.

Succession of Claby Pierre Chiasson

Louisiana Court of Appeal · Apr 10, 2012

After qualifying as testamentary executrix, Faye filed a petition to dispense with the administration of the succession and to be placed in possession of all the property belonging to Anne’s estate. … Faye Chiasson was entitled to be recognized as owner of movable assets and the trial judge was clearly wrong in denying her claim. 6.

State of Louisiana v. Colby James Kinsey A/K/A Colby J. Kinsey

Louisiana Court of Appeal · Jan 29, 2020

fact establish this prospective juror could not be fair and impartial in these cases. … Clearly, La. C.Cr.P. art. 797(2) does not require that a prospective juror state with absolute certainty that he/she cannot be impartial in order to be removed for cause.

State of Louisiana v. Robert Allen Snelling

Louisiana Court of Appeal · May 5, 2010

However, the trial court failed to establish a payment plan for the payment of the fine, fees, and costs. … A trial court’s denial of a motion to suppress is afforded great weight and will not be set aside unless a preponderance of the evidence clearly favors suppression. State v.

State of Louisiana Versus Errol Victor, Sr.

Louisiana Court of Appeal · May 26, 2016

Courts can also consider whether a witness has previously been qualified as an expert. Craig, supra. … Boles' credentials established her untruthfulness regarding the field of expertise in which defendant sought to have her qualified as an expert.

Lauryn Ruebush v. Office of Risk Management & the Care Center of Dequincy

Louisiana Court of Appeal · Apr 8, 2015

He reported that, on this first visit, his diagnosis ―was qualified as complex regional pain syndrome of Type 1 of the upper [left] limb, as well as 2 chronic pain due to trauma … In this case, the occurrence of the work-related accident was established by stipulation and is not now at issue. Rather, the employer questions the workers’ compensation judge’s reliance on Dr.