Case law

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.

Karen Cohen Kinnett Versus Jarred Brandon Kinnett

Louisiana Court of Appeal · Aug 6, 2020

Andrews was G.J.K.’s father, and whether such an act qualifies as bad faith deception, the trial court questioned how Mr. … that the fact finder was clearly wrong.

State of Louisiana v. William King, III

Louisiana Court of Appeal · Nov 6, 2013

Nevertheless, Lieutenant Semien testified he could clearly see Armstrong inside the cell because he “was lying right there at the doorway when you open the doorway.” … Thus, the evidence was sufficient to establish Defendant’s specific intent and his guilt. Defendant’s arguments lack merit. ASSIGNMENT OF ERROR NO. 3.

Quaternary Resource Investigations, LLC v. Ronald David Phillips and Angela Phillips

Louisiana Court of Appeal · Nov 19, 2020

Phillips suspected that QRI may not have been qualified to perform construction work on their project. Mr. … Clearly, the Phillips were not satisfied with QRI' s slow progress and poor workmanship. The majority states that the Phillips interfered with QRI' s work on the project.

Walter W. Price and Mysterie Price, Individually and on Behalf of the Minor Child F.P. v. Darryl North, Edward North, Monica North, and Patrice Hookfin

Louisiana Court of Appeal · Oct 18, 2021

Notwithstanding the additional allegations in the fourth petition attempting to set forth a special relationship between defendants and F.P., all of the petitions have clearly stated that it was Patrice who requested that … The right to amend one' s petition is qualified by the restriction that the objections to the petition be curable.

State of Louisiana v. Charles P. Mayeux, Jr. AKA Charles P. Mayeux

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.

State v. Tolliver

8 La.App. 3 Cir. 1486 · Louisiana Court of Appeal · May 13, 2009

Kirby should qualify as an expert in crime scene techniques, profiling, and other disciplines. The state countered that, if Ms. … Assuming ar-guendo that full access to the destroyed evidence would have shown an additional person participated in the offense, the evidence presented at trial still clearly proved beyond a reasonable doubt that the defendant

Betz v. Travelers Insurance Co.

82 So. 2d 379 · Louisiana Court of Appeal · Jun 30, 1955

-was that plaintiff had no treatable complaints and no condition which required treatment and that he was physically qualified to resume his normal activities. … This court in .its opinion of remand quoted the following from Gray’s .1949 Attorneys Text Book of Medicine: , “Brain injury from direct trauma may lead to serious disturbance clearly evident upon electroencephalographic

State of Louisiana v. Austin William Bost

Louisiana Court of Appeal · Apr 26, 2023

Therefore, the minutes of sentencing shall be corrected to clearly reflect that the trial court imposed a sentence on each count. … Clearly, prepubescent and clearly vulnerable. She relied on her father to teach her what was right and wrong but was blatantly betrayed by him instead.

State of Louisiana v. Roderick S. Bradley

Louisiana Court of Appeal · Nov 2, 2011

The test for determining materiality was firmly established in U.S. v. Bagley, 473 U.S. 667, 105 S.Ct. 3375, 87 L.Ed.2d 481 (1985), and has been applied by the Louisiana Supreme Court. … Collins is not professionally qualified to interpret the CT scan image saved on the computer disc and printed by Dr. Collins.

State Of Louisiana v. Glenn David Mills Jr

Louisiana Court of Appeal · Nov 16, 2023

Because, clearly, if you telegraph that that' s where you' re going, then obviously you' re going to get the pretty expected response of no. … Courts have routinely upheld a defendant' s right to cross- examine witnesses against him in order to establish their bias or interest. See, e. g., State v. White, 2017- 0308 ( La.

A Plus Home Care Services, LLC v. a Blessing Personal Home Care Services, LLC

Louisiana Court of Appeal · Mar 19, 2025

She was qualified as an expert in the fields of forensic accounting and economic loss. … The trial court clearly found Moore’s testimony credible that A Plus failed to transfer what it was obligated to in order for Moore to operate the business.

State of Louisiana v. Austin Blake Ceaser

Louisiana Court of Appeal · Nov 4, 2009

He asserts that Chief Dupre’s testimony that the drugs were more than what was typical for personal use was insufficient to support a finding that he had the intent to distribute because Chief Dupre was not qualified as … The fifth circuit determined there was sufficient evidence presented to establish the defendant’s possession of the drugs; notably, the defendant had been driving the car, and the cocaine had been clearly visible to the

State v. Greco

862 So. 2d 1152 · Louisiana Court of Appeal · Dec 17, 2003

Officer Timothy Seuzeneau was qualified as an expert in the comparison of fingerprints. … The trial 18Scourt was the fact finder with respect to the credibility of the witnesses, and a fact finder’s credibility decision should not be disturbed unless it is clearly contrary to the evidence. State v.

State of Louisiana Versus John Spears

Louisiana Court of Appeal · Dec 11, 2019

These records establish that Defendant denied any auditory hallucinations, visual hallucinations, delusions, or paranoia. … In order to rebut the presumption that a mandatory minimum sentence is constitutional, the defendant must clearly and convincingly show that he is “exceptional, which . . . means that because of unusual circumstances this

State of Louisiana v. James R. Skipper

Louisiana Court of Appeal · Dec 10, 2003

of prejudice flowing from a sequestration violation, the judge in this instance determined that the essential fairness of the proceeding could best be preserved by replacing the juror with the properly qualified … Wille clearly states that a judge does not have to be a material witness for his recusal to be warranted.

Interdiction of Carroll Leblanc Constance

Louisiana Court of Appeal · Mar 22, 2024

Constance communicated clearly and repeatedly to her and to Sheri that she did not want to be placed in a nursing home. … R.S. 15:1503(4)(a) and established through the Governor’s Department of Elderly Affairs in accordance with La.

State v. Katron

265 So. 3d 1058 · Louisiana Court of Appeal · Feb 6, 2019

Not clearly. But if you know him, like you know it was him." Mr. Colbert was sure it was the defendant in the video. He had known the defendant for ten years. … Defense counsel argued the defendant qualified "for probation legally." Counsel then asserted simple arson was not a crime of violence.

Dustin Russell v. H & H Metal Contractors, Inc.

Louisiana Court of Appeal · Jun 1, 2011

In order to qualify for TTD benefits, Russell was required to meet the burden of proof required in La.R.S. 23:1221(1)(c). … The evidence adduced at the hearing indicates that H & H established several inconsistencies in Russell’s testimony.

State of Louisiana Versus Teddy Chester

Louisiana Court of Appeal · Feb 3, 2021

The trial court qualified Dr. Fraser MacKenzie, who performed the autopsy of Mr. Adams, as an expert in the field of forensic pathology. Dr. … Bonnie Dubourg was qualified by the trial court as an expert in the field of forensic serology—the identification of biological fluids. Ms.