Case law
Opinions from 1658 to today.
8,141 results
1.60s
State of Louisiana v. William Felix Vail
Louisiana Court of Appeal · Dec 28, 2017
However, the exchange at sentencing between the court and defense counsel clearly reflects an understanding by all parties that the sentence is a hard labor sentence. … Baden was qualified as an expert in forensic pathology after his extensive history in forensics was discussed.
Cited 0 timesUnknownLouisiana Court of Appeal · Mar 20, 2024
Accordingly, the trial court signed a judgment on January 2, 2020, granting Smith " leave to amend her petition to establish the Court' s Jurisdiction over the person of the named defendants, Jimmy Gore or Jason Isch, within … personal belongings; all confidentiality agreements are invalid; the interim Board shall schedule a conference and elections and fill the position of Executive Director of Deaf Focus with a qualified
Cited 0 timesUnknownState of Louisiana v. Terrance Lamont Johnson AKA - Terrance L. Johnson
Louisiana Court of Appeal · Mar 28, 2018
She qualified as an expert on drug 3 analysis. … This time, the exchange of money and pills is clearly seen from both views. Mr. Manuel received fifteen pills in exchange for $105.
Cited 0 timesUnknownLouisiana Court of Appeal · Nov 7, 2024
Keldahl was qualified as expert in vascular surgery and wound care.14 In his opinion, the radiation-induced injuries resulted in the need to amputate Mr. Lyons’s hand. Dr. … Christopher Blais, was qualified as an expert in infectious diseases and wound care. He was told Mr. Lyons was a farmer. He did not meet Mr. Lyons in person. He was asked to review Mr.
Cited 0 timesUnknown267 So. 3d 209 · Louisiana Court of Appeal · Apr 3, 2019
As an intermediate appellate court, this Court is obliged to follow the precedent established by the Louisiana Supreme Court. See State v. Thomas , 10-220 (La. … Once a defendant has clearly requested to represent himself, the trial court must determine whether the defendant is competent to waive counsel and is "voluntarily exercising his informed free will." State v.
Cited 1 timesPublishedLouisiana Court of Appeal · May 24, 2023
It is well established that an insurer is charged with knowledge of the contents of its own policy. Steptore, supra. … The language used in the clause above clearly excludes from coverage 1) an owner of a “covered auto” besides the “named insured” – Packard; 2) an employee driving an auto that the employee (or a member of the employee’s
Cited 0 timesUnknownCITY OF BROUSSARD VERSUS MICHAEL WATKINS/dba Michael's International
Louisiana Court of Appeal · Mar 31, 2004
The case sub judice was heard by and acted upon by an attorney magistrate, so the magistrate was presumptively qualified to fulfill a judicial role. … The constitutionality of the statute was clearly not the central focus of any hearing and the trial record does not contain any arguments on the topic.
Cited 0 timesUnknownState of Louisiana v. Jon Wray Baumberger
Louisiana Court of Appeal · Jun 1, 2016
James Traylor was qualified as an expert in forensic pathology and testified on behalf of Defendant. While he agreed with Dr. … And, I would find that that clearly would have suspended the interruption of the delays.
Cited 0 timesUnknownLouisiana Court of Appeal · Dec 30, 2024
establishes that the fact finder was clearly 10 Louisiana Civil Code Article 2769 provides: If an undertaker fails to do the work he has contracted to do, or if he does not execute it in the manner and … Although the parties clearly stipulated to the introduction of Exhibit 17- A, Policy No.
Cited 0 timesUnknown54 So. 3d 1 · Louisiana Court of Appeal · Jul 15, 2010
But even so, the Government’s egregious persistence in failing to prosecute Doggett is clearly sufficient. … But, I want it to be clearly noted in the record that when I say State, I am not referring to the District Attorney’s Office.
Cited 11 timesPublishedGeorge Setliff v. Rapides Parish School Board
Louisiana Court of Appeal · Dec 8, 2004
There clearly were other forms of discipline available. Mr. … In my view, this matter is resolved by reference to La.R.S. 17:223 and 17:416.1, by which the legislature has clearly authorized the use of corporal punishment in public schools.
Cited 0 timesUnknownState of Louisiana v. Jonathan Edward Boyer
Louisiana Court of Appeal · Feb 2, 2011
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. … To grant Defendant relief would infringe on “the societal interest in trying people accused of crime, rather than granting them immunization because of legal error. . . .” State v.
Cited 0 timesUnknownRebel Distributors Corp., Inc. (Mary Doucet) v. Luba Worker's Comp.
Louisiana Court of Appeal · Apr 2, 2014
Heard/Clinic to convert the original assignment agreement into a retroactive agency agreement did not qualify as an express novation sufficient to accomplish the intended result. … For the purposes of this Section, the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) “Payor” shall mean the entity responsible, whether by law
Cited 0 timesUnknownMichael Brantley, Jr. Versus City of Gretna & Redflex Traffic Systems, Inc.
Louisiana Court of Appeal · Aug 5, 2022
Specifically, defendants contend that each of the plaintiffs’ due process claims are too divergent to establish commonality. … Thus, to qualify for the class and have standing, a party must have paid a fine in response to receipt of an NOV.
Cited 0 timesUnknownLouisiana Court of Appeal · Dec 30, 2021
The evidence introduced at trial established that Mr. … In applying the principle of corporate immunity, the members have the initial burden of showing the corporate existence.
Cited 0 timesUnknownD90 Energy, LLC v. Jefferson Davis Parish Board of Review
Louisiana Court of Appeal · Dec 30, 2019
Clearly, Riverwalk did not file its suit (after paying the tax under protest) within thirty days of its payment. Our decision is consistent with our limited jurisprudence on this issue. … (2) If the claim is made for taxes erroneously paid on property which would not qualify for a homestead or other exemption, the collector shall note and record the amount of the refund or repayment owed
Cited 0 timesUnknownHarold Schoeffler v. Drake Hunting Club
Louisiana Court of Appeal · Jan 4, 2006
The succession establishing the heirship of the seven children was not complete. … Clearly, they did. They filed an application and attempted to follow the proper procedures.
Cited 0 timesUnknownClement Arthur Dugue', III Versus Avingnon Marie Dugue'
Louisiana Court of Appeal · Mar 24, 2021
Dugué and his ex-wife’s testimony established a consistent employment history: Mr. … Dugué refused to apply for a position as an uncertified teacher, was not seeking appropriate employment in good faith, and instead spent time on the waterfront waiting for union jobs that had not materialized, and was clearly
Cited 0 timesUnknownState of Louisiana Versus Ronald Gasser
Louisiana Court of Appeal · Jul 3, 2019
Specifically, defendant argues that the evidence at trial conclusively established that Mr. … Apart from the “unlawful activity” and “has a right to be” qualifiers, Section C recognizes that a person may “meet force with force.” We recognize, in light of La.
Cited 0 timesUnknownClark A. Gunderson, M.D. v. F. A. Richard & Associates, Inc.
Louisiana Court of Appeal · Feb 27, 2008
Where, as here, the claim asserted is provided for clearly in some legislation other than the WCA—in this case, La.R.S. 40:2203.1—there can be no question whether that claim “arises out of” the WCA; it does not, for it … The defendants claim that whether or not the various forms in which the defendants transmitted information regarding PPO discounts to healthcare providers qualify as “notice” under La.R.S. 40:2203.1 stands as an inherently
Cited 0 timesUnknown
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