Case law

State of Louisiana, dept.of Trans. & Develop. v. Knoll & Dufour Lands, LLC

Louisiana Court of Appeal · Oct 23, 2013

In order to recover an amount in excess of the amount DOTD has deposited as just compensation for the taking of a landowner’s property, the property owner is required “to establish his claims by a reasonable preponderance … He was qualified as an expert by the trial court in construction costs and development. Mr. Rabalais estimated replacement costs at $183,407.75, with $5,059 for improvements within the right of way. Mr.

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.

Rickey Clark v. Louisiana Medical Mutual Ins. Co.

Louisiana Court of Appeal · Nov 5, 2008

Butler clearly testified that he did. Further contrary to the plaintiff’s assertions, Dr. … When negligence is alleged against a medical specialist, only those qualified in that specialty may offer expert testimony and evidence of the applicable standard of care. Fox v.

State v. Barnett

267 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.

State of Louisiana v. Sherri Ann Sepulvado

Louisiana Court of Appeal · Mar 9, 2011

However, as referenced in the factual and procedural background, the record only clearly reveals a conviction of aggravated arson. … We note that the defendant contends that the verdict is unsupportable without evidence affirmatively establishing the victim’s cause of death.

Wallace C. Drennan, Inc. Versus Timothy P. Kerner, in His Capacity as Mayor of the Town of Lafitte and the Town of Lafitte

Louisiana Court of Appeal · Dec 18, 2024

The well-established rules of statutory construction provide that the interpretation of any statutory provision starts with the language of the statute itself. … On a second appeal, the Fourth Circuit reversed the judgment insofar as it granted the exception of res judicata, finding that the case qualified for the application of the exceptional circumstances exception codified in

State of Louisiana v. Gregory Johnson

Louisiana Court of Appeal · Feb 2, 2005

To the contrary, the trial court clearly explained that, although the defendant would be given an opportunity to challenge certain items, if the State presented sufficient evidence, restitution would be ordered for all … Further, the owner of stolen property may testify regarding the value of the stolen items without the necessity of being qualified as an expert, and such testimony “can constitute ample evidence of the property’s value

State of Louisiana Versus Lanard A. Lavigne

Louisiana Court of Appeal · May 24, 2023

Further, this Court found that the vague testimony was insufficient to establish a reputation in the community and thus failed to establish that the victim had a reputation for violence. … Jennifer Bracamontes, a DNA analyst at Cybergenetics, qualified as an expert in forensic DNA analysis.

State of Louisiana v. Terrance L. Sinegal

Louisiana Court of Appeal · Aug 1, 2012

uncorroborated testimony of a purported accomplice, although the jury should be 14 instructed to treat the testimony with great caution.‖ The facts in Hughes, however, are clearly … With no objection to IMPACT program or any doc programs that the defendant may qualify for. Defendant did not file a motion to reconsider sentence, thus, we conduct a bare-bones review of his sentence.

Buster's Frozen Custard, LLC v. Lancaster Manufacturing, Inc.

Louisiana Court of Appeal · Apr 27, 2016

establishes that the trial court‘s finding is clearly wrong or manifestly erroneous. … In fact, the only writing qualifying as a pleading filed in the default judgment proceedings was the ―MOTION FOR PRELIMINARY DEFAULT‖ signed and filed by Mr. Phillips on June 13, 2014.

State of Louisiana v. Jake C. Desoto

Louisiana Court of Appeal · Mar 14, 2007

The State is required to show more than a mere deviation from the standard of ordinary care to establish proof of criminal negligence. State v. Jones, 298 So.2d 774 (La.1974). … The jury, based on the evidence, could have concluded that the defendant shot without clearly identifying his target.

State of Louisiana v. Clyde Milton Jones

Louisiana Court of Appeal · Dec 10, 2008

Hughes, 05-992, p. 6 (La. 11/29/06), 943 So.2d 1047, 1051, stated: [I]n Louisiana, an accomplice is qualified to testify against a co-perpetrator even if the State offers him inducements to testify. … Her out-of-court statement only established a time line of the Victim’s whereabouts prior to his death.

Mark Landry v. Louisiana Citizens Property Ins. Corp.

Louisiana Court of Appeal · Aug 28, 2007

Our decision, today, is firmly grounded on well-established Louisiana jurisprudence and law. … Though wind is not the sole cause of the loss, it does qualify as “any” covered loss.

George Raymond Williams, M.D. Orthopaedic Surgery v. Bestcomp, Inc.

Louisiana Court of Appeal · Dec 15, 2021

They assert contracting directly with medical providers is not the sole means by which an entity qualifies as a group purchaser. … This claim was clearly made after the pending and prior 19 date set forth in Appellants’ respective policies.

State of Louisiana v. Paul Junius Felix

Louisiana Court of Appeal · Dec 30, 2005

its brief, the State asserts that the reference to docket number 98,994 was a mistake, as the charges filed under that docket number had been dismissed, and as the minutes and sentencing transcript reflect, Defendant was clearly … Defendant maintains that nothing in the trial transcript establishes the jurisdiction of the trial court and that, although the record refers to street addresses, it contains nothing to indicate that any of the places

Brenda Sue Carter, Et Ux. v. Gary Stephen Haygood, Dds

Louisiana Court of Appeal · Dec 23, 2003

Thus, in order to sustain an award of damages, the Carters must establish the requisite standard of care with regard to the diagnosis and treatment of gum disease; that Dr. … After reviewing the record in its 19 entirety, we find that they failed to establish that Dr.

State of Louisiana v. Ladray Bias, Jr.

Louisiana Court of Appeal · Feb 6, 2019

Christopher Singletary, a forensic DNA analyst at the Southwest Louisiana Crime Lab, qualified as an expert in the field of forensic DNA analysis at trial. … Landry and the victim testified Defendant clearly stated his intent to kill her. Peanut Offord testified Defendant got the knife from the drawer and said he was going to kill the victim.

Certain Underwriters of Lloyd's London v. Alliance Drilling Consultants, LLC

Louisiana Court of Appeal · Dec 20, 2023

Bazer] is qualified[.] … Like the trial judge in Butler, Judge Peters was clearly an active participant from day one and vividly recalled the trial.

STATE OF LOUISIANA VERSUS AMANDA GUTWEILER AKA AMANDA HYPES

Louisiana Court of Appeal · Sep 27, 2006

DeHaan’s status as an expert witness did not qualify him for general access to information from the grand jury proceedings. … (2) An individual grand juror was not qualified under Article 401.

State of Louisiana v. Cody Keith Fontenot -Aka- Cody Fontenot

Louisiana Court of Appeal · Nov 2, 2016

It is not necessary that an owner be qualified as an expert in order to testify as to the value of the thing owned by him. … jury instruction: The Court instructs the jury that the law looks with suspicion and distrust on the testimony of an accomplice or a snitch who provides evidence against a defendant for partial immunity