Case law

State of Louisiana v. v. L. G.

Louisiana Court of Appeal · Dec 7, 2011

Soileau was qualified as an expert in adolescent medicine. The Defendant complains about the following portions of Dr. … Defense counsel claimed that the State was trying to qualify Dr.

State of Louisiana Versus Gene Franklin, Jr.

Louisiana Court of Appeal · May 11, 2022

He specifically asserts that while the record shows that defendant desired to represent himself and was advised of some of the disadvantages of self-representation, it fails to establish an objective basis for concluding … Young as a juror and replacing her with a duly qualified alternate. After the State informed the trial court about the new information it had received, the trial court had Ms.

State in the Interest of C. F., A. F., & A. G.

Louisiana Court of Appeal · Dec 9, 2015

the expected success of rehabilitation, and the expectation of significant improvement in the parent’s condition or conduct are all questions of fact that may not be set aside in the absence of manifest error or unless clearly … addition to herself, I just don’t -- I don’t see that happening because of her own limited capability.” 12  Kendell Williams, the children’s counselor, was qualified

State of Louisiana v. Paul Roberts, Jr.

Louisiana Court of Appeal · Jan 17, 2007

She said she would have a problem with the death penalty saying, “I am not qualified by God to sit in judgment on that person and say he must die.” … You clearly established that it existed with Detective Green.

State Of Louisiana v. Ronald St. Cyre

Louisiana Court of Appeal · Dec 19, 2019

This clearly indicated the defendant knew of the presence of the gun in the vehicle. … In finding the defendant guilty, the jury clearly rejected the defense' s theory of innocence. See Moten, 510 So. 2d at 61.

State of Louisiana v. Ronald L. Bryant

Louisiana Court of Appeal · Dec 6, 2006

Snider, a qualified expert in the field of forensic pathology as well as the physician who performed Ms. … Gage’s autopsy, could clearly address any questions propounded by the defendant on cross-examination regarding the mechanics of the demonstration.

Joseph Harvey Gautreaux v. Louisiana Farm Bureau Casualty Insurance Co.

Louisiana Court of Appeal · Oct 2, 2019

(2) Whether Mitchell’s algorithm-driven comparable methodology is a “fair market value survey conducted using qualified retail automobile dealers in the local market area as resources” pursuant to La.R.S, 22:1892(B)(5) … The class members clearly have commonality[.] Marsh, 957 So.2d at 908.

Joseph Stelly v. National Union Fire Ins. Co.

Louisiana Court of Appeal · Feb 6, 2019

Both Defendants and the trial court heavily relied on the testimony provided by Trooper Smith, who neither witnessed the accident nor was qualified as an expert on the matter. The trial court summarily dismissed Mr. … Belaire clearly saw the lights of the truck/trailer and recognized the truck was slowing down and observed the right blinker evidencing an anticipated right turn.

Dorothy Ory v. Myles Smith, Church Mutual Insurance Company, and the Shiloh Missionary Baptist Church

Louisiana Court of Appeal · Aug 8, 2024

All three doctors are orthopedists with Baton Rouge Orthopaedic Clinic and, in their depositions, were qualified as experts in the field of orthopedics or orthopedic surgery. Dr. Ahmad testified that Mrs. … Ory clearly had preexisting degenerative changes in her spine, those changes were aggravated and became symptomatic after the accident. Dr. Stanger and Dr.

State of Louisiana v. Robert Daniel Wilkins

Louisiana Court of Appeal · Jun 20, 2012

No evidence was presented to establish that Fontenot initiated any threatening act toward Defendant on the night of the stabbing. … 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.

West Baton Rouge Parish Council v. Joseph Gordon Tullier, Sr., Rae Q. Tullier, Barton James Tullier and Phillip John Debenedetto

Louisiana Court of Appeal · Jan 11, 2021

Legal servitudes are limitations on ownership established by law for the benefit of the general public. La. C. C. art. 659. … R.S. 38: 301 provides immunity to a riparian landowner from liability for personal injury, property damage, or other loss to individuals occurring while a person enters onto such property for recreational purposes.

Gloria M. Ned v. Union Pacific Railroad Company

Louisiana Court of Appeal · Apr 15, 2015

Where business records are concerned, as in the present case, the courts have deemed La.C.C.P. art. 967 satisfied when the affiant is qualified to identify the business records as such. … The trial court stated that although it “may not have issued an order pursuant to” the previous conference, it “thought 15 it was pretty clearly understood that we had some deadlines

Juanita W. Fontenot and T. June Wilder v. Gilchrist Construction Co., LLC

Louisiana Court of Appeal · Oct 9, 2019

The District Court erred when it erroneously changed the established standard for the case four days prior to trial to the prejudice of Gilchrist. 2. … The value of the land is irrelevant and the reason for that is clearly explained by Corbello.

State of Louisiana v. James D. Flemones

Louisiana Court of Appeal · Apr 17, 2024

Defendant’s blood was collected by Samantha Rubio, a phlebotomist and qualified medical technician at the hospital. Ms. … Flemones [sic] DWI charges that occurred longer than 10 years ago and clearly meets the cleansing criteria.

State of Louisiana Versus John Jaramillo AKA Alex, John Alex Jaramillo

Louisiana Court of Appeal · Feb 28, 2024

The State avers that the testimony and evidence established that Defendant was read his Miranda rights and, in executing the Rights of Arrestee Form, he voluntarily and intelligently waived those rights. … However, even if he had asserted this claim before trial, the interview video clearly shows that he is able to understand and communicate in English. See State v. Darocha, 20-176 (La.

Alisa Alan Durkheimer v. Tranise L. Landry

Louisiana Court of Appeal · May 10, 2023

It is well settled that an appellate court may not disturb a jury’s finding of fact unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly wrong or manifestly erroneous. … As this court may not disturb a jury’s finding of fact unless the record establishes that a factual, reasonable basis does not exist for the finding and the finding is clearly wrong or manifestly erroneous, this determination

State of Louisiana in the Interest of L.P.

Louisiana Court of Appeal · Jul 8, 2020

The court shall appoint the program designated for the jurisdiction by the Louisiana Supreme Court to provide qualified, independent counsel for the child at the time the order setting the first court hearing … Moreover, the no contact order was clearly in place for the benefit of the maternal relatives.

Andrew Taylor Smith v. Angelica Harmon

Louisiana Court of Appeal · Nov 2, 2023

Accordingly, we will not disturb a custody award unless an abuse of discretion is clearly shown.” Joubert v. Joubert, 19-187, p. 6 (La. … The court also found the evidence established Ms.

State of Louisiana Versus Tobe Lawrence Jr.

Louisiana Court of Appeal · Nov 2, 2022

“[A] trial court’s ruling on the issue of discriminatory intent must be sustained unless it is clearly erroneous.” Snyder v. … Davillier being excused for cause “as he does not qualify because he does not understand how to read.”

State of Louisiana v. Garry Wayne McClinton, Jr.

Louisiana Court of Appeal · Nov 2, 2011

Not until you‟ve qualified „em [sic] with the person that‟s here. I‟mma [sic] object to the admission of those records.” The trial court overruled the objection. … While I respect the opinion of his family that he has been a good young man, I have to judge on history, and clearly he‟s demonstrated a propensity for violence.