Case law

State of Louisiana v. Robyn B. Little Davis

Louisiana Court of Appeal · Oct 23, 2013

Schiro was qualified to testify as to the rarity of Hydra-Shok ammunition in the crime scenes he has investigated. Mr. … Clearly, the continuance granted in this case was improper, as all twelve jurors and two alternates had been individually sworn pursuant to La.Code Crim.P. art 786. The majority cites State v.

State of Louisiana v. Akeeley Keshawn Blade

Louisiana Court of Appeal · Apr 28, 2021

Specifically, Defendant asserts that, because there was no evidence establishing an intent to cause serious bodily harm and no evidence establishing a plan to cause serious bodily harm, his convictions are not supported … Lasyone was not qualified to answer questions regarding the legality of his sentence.

Alwyn J. Boutte, Sr. v. Fireman's Fund County Mutual Ins. Co.

Louisiana Court of Appeal · May 10, 2006

Fireman’s Fund argued that the court had already determined that Eva Bernal was not vicariously liable and that the only remaining theory for coverage required that Juan Lara qualify as an insured. … Louisiana clearly has more compelling interests that supersede those of Texas and would be adversely affected if Louisiana law were not applied.

State of Louisiana v. Harrison Buckner Doyle

Louisiana Court of Appeal · May 22, 2024

Hence, the case at bar is clearly distinguishable. … The testimony has established the struggles the victim has gone through as a result.

Ronald Fox v. Jesse A. Anderson and Town of Krotz Springs

Louisiana Court of Appeal · Mar 1, 2006

Furthermore, La.R.S. 32:24(D) requires that even those qualified vehicles responding to an emergency “drive with due regard for the safety of all persons . . . .” … Thus, the record establishes that Mr. Fox cannot return to his former position. However, it also establishes that Mr. Fox can return to work in some capacity.

State of Louisiana v. Jimmy L. Bartie

Louisiana Court of Appeal · Dec 5, 2012

The trial court should clearly set forth the portion of the sentence enhanced under La.R.S. 14:64.3. … The trial court should clearly set forth the portion of the sentence enhanced under La.R.S. 14:64.3.

Laura Kaye Landsburg Steinebach v. William Jacob Steinebach, IV

Louisiana Court of Appeal · May 2, 2007

Simoneaux’s recommendation, we believe the trial judge clearly articulated his reasons for not doing so. Moreover, we note that Dr. … Simoneaux expressed additional concerns that would qualify his recommendation, such as William’s work schedule, the couple’s reliance on their own parents, and the doctor’s inability to interview those grandparents.

State Of Louisiana Court Of Appeal In re Appeal Of Emerson Jackson And Travis Wheeler

Louisiana Court of Appeal · Jan 2, 2020

Jackson and Wheeler were employed as police officers at the time of the incident, clearly qualifying them as public officers or employees. … As discussed above, the City' s burden of proof was to establish that legal cause existed for the disciplinary action by a preponderance of the evidence, Miller, 202 So. 3d at 1118, which clearly differs from

State of Louisiana Versus Malcolm J. Alexander

Louisiana Court of Appeal · Jun 21, 2023

R.S.15:572.8 “that compensation be awarded in cases where factual innocence is established clearly and convincingly through such scientific evidence (e.g., DNA) that exonerates a person, or when another person has confessed … Alexander established conclusively that the rape took place in a specific part of the store.

State of Louisiana Versus Marlon Sagastume

Louisiana Court of Appeal · Dec 27, 2023

Because the language at issue, “under an order of attachment for failure to appear,” is not qualified by any timing specifications, the time defendant spent under an order of attachment for failure to appear, whether issued … In fact, jurisprudence has long established that while probationers facing revocation retain some constitutional and statutory rights, those rights do not in every instance match those enjoyed by non-criminals

Curtis Tezeno v. Daniel Robert Young

Louisiana Court of Appeal · Dec 11, 2019

that the finding is not clearly wrong (manifestly erroneous).” … The reviewing court must review the record in its entirety to determine whether the trial court’s finding was clearly wrong or manifestly erroneous.” Stobart v.

State of Louisiana v. Reginald K. Jackson

Louisiana Court of Appeal · Nov 2, 2022

The jury was properly charged as to the crime of forcible rape, and that responsive crime was clearly proven beyond a reasonable doubt. … To establish his attorney was ineffective, defendant must first show that counsel’s performance was deficient.

State of Louisiana v. Walter Urena

Louisiana Court of Appeal · May 7, 2014

entitled to be sentenced according to the law as it existed at the time the offenses were committed, but since that time the law has changed, if the child is under a certain age, and that would certainly have qualified … The trial court properly provided particular justification and clearly stated the factors it considered in imposing this sentence.

State of Louisiana Versus Damon Stephney

Louisiana Court of Appeal · Feb 28, 2024

He also testified that the individual was out of breath, sweating, and wiping his face. 9 Elaine Schneida, who was qualified as an expert in the field of DNA analysis, testified that she was the technical … When the prosecutor offered the statement into evidence, defendant’s trial counsel objected, stating: I need to note an objection clearly.

Laureen Olson v. Louisiana Patient's Compensation Fund Oversight Board; Kenneth Schnauder and Kurt Loup

Louisiana Court of Appeal · Jun 8, 2022

Because a qualified health care provider’s liability is limited to $100,000.00, any amount due to a claimant up to 7 $400,000.00 is the responsibility of the PCF. La.R.S. 40:1231.2(B). … Olson complied with the procedure set out in La.R.S, 40:1231.4(C)(1)-(4), and her settlement establishing the liability of the health care providers for $100,000.00 was approved.

State of Louisiana v. Christopher White

Louisiana Court of Appeal · May 14, 2025

Williams, qualified as an expert in digital forensics, to provide hearsay testimony regarding the content extracted from the cell phones and electronic 37 devices recovered following … Lee was the aggressor, such evidence was still properly excluded since (1) the video from Dickie Brennan’s restaurant clearly showed that Mr. White, not Mr.

State of Louisiana v. David G. Sarpy

Louisiana Court of Appeal · Dec 8, 2010

Thus, this objection is clearly waived. La.C.Cr.P. 841. Id. at 777. … This is clearly applicable. He brought the gun into the house and did kill and injure the victims respectively.

State of Louisiana v. Jason Ray Craft

Louisiana Court of Appeal · Feb 1, 2023

Defense counsel argued that the testimony clearly established that the incident occurred on July 1, 2019, and not on June 30, 2019, as indicated in the indictment. … The testimony clearly establishes it’s July 1st, 2019. Their expert testified to it. Their victim testified to it. It is July 1st, 2019, not June 30th. The State responded: MS.

State of Louisiana v. Anthony Texada

Louisiana Court of Appeal · Nov 2, 2023

Was it your understanding as an expert qualified in the area of SANE nursing that whatever sexual encounter she had with this man, the defendant, was not consented to? A. Correct. … Moreover, testimony from Detective Jeansonne and Officer Alexander established Defendant’s pattern of perpetrating sexual abuse upon young girls.

Zydeco's II, LLC, Zydeco's Corp, Dustin Gainey and Rosemarie Gainey Versus Certain Underwriters at Lloyd's, London Subscribing to certificate/policy No. D1180d150152-59633, David Brennan, Dave Brennan Insurance Inc., and Braishfield Associates, Inc.

Louisiana Court of Appeal · May 28, 2021

why there were discrepancies in the inspection reports. 19-CA-562 24  Testimony of Plaintiffs’ Expert Louis Fey The Zydeco plaintiffs’ expert, Louis Fey, was qualified … Thus, Underwriters argues that the trial court was clearly wrong in finding that it was in bad faith and awarding penalties. In order to establish a cause of action for penalties and attorney fees under La.