Case law

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  • 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

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  • State of Louisiana v. Willard Brandenburg

    Louisiana Court of Appeal · Feb 7, 2007

    Defendant argues: [the tapes] were not introduced to establish a time line. Nor were they introduced to show why the police responded. … Moreover, the evidence was sufficient to establish beyond a reasonable doubt that Defendant armed himself with a dangerous weapon once he entered the house.

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  • State of Louisiana v. Arthur Major III

    Louisiana Court of Appeal · Mar 2, 2005

    Regarding the final Barker factor, Major does not clearly allege any prejudice to his case, e.g., loss of witnesses, due to the delay at issue. … Pursuant to Colomb, the evidence at issue in the present case would also qualify as integral-act evidence that simply provided the jury with a complete scenario regarding Major’s arrest.

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  • State of Louisiana Versus Isaiah Doyle

    Louisiana Court of Appeal · Dec 22, 2021

    The defendant understood very clearly the trial court’s instruction that “no misbehavior or trial disruptions will be tolerated.” … The trial judge clearly believed that the defendant should be present at a trial he asked for.

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  • State of Louisiana Versus Timothy P. Roussel

    Louisiana Court of Appeal · Jul 15, 2019

    Rather, the trial court concluded that after its in-camera review, “there was no evidence of material that would qualify for disclosure under the standards laid out in Brady or its progeny at this time.” … We note that the ADA disclosed the identity and content of the testimony of one particular grand jury witness to two subsequent witnesses in a manner that clearly indicated the ADA believed the testimony provided by the

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  • State of Louisiana v. Allen Joseph Morehead

    Louisiana Court of Appeal · Feb 15, 2018

    All we did was qualify the jury as to who 12 is statutorially [sic] ineligible and those guys were excused. … The State’s appeal to the general idea of evil did not clearly have a bearing on the credibility issue. Also, a true contemplation of general evil might just as easily have led the jury to doubt Hayes.

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  • State of Louisiana v. Timothy E. Robertson

    Louisiana Court of Appeal · Jul 16, 2008

    These facts clearly supported reasonable suspicion to believe criminal activity was occurring. The scope of the search was not unreasonable. … A police officer may testify as to matters within his personal knowledge acquired through experience without first qualifying as an expert. State v.

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  • State v. Diggins

    2012 La.App. 4 Cir. 0015 · Louisiana Court of Appeal · Oct 23, 2013

    In order to prevail, a defendant must establish that counsel’s performance was deficient and that the deficiency also prejudiced the defendant. State v. … Brown, 02-1217 (La.App. 4th Cir. 5/28/03), 853 So.2d 8, 14 (court concludes it was error to admit a 911 tape, stating it was clearly hearsay, but further concludes it was harmless error); compare U.S. v.

    Cited 12 timesPublished
  • State of Louisiana v. Triston T. Lyons

    Louisiana Court of Appeal · Jun 6, 2012

    We‟ll have some people to confirm that there was a fight and some other elements to establish motive and opportunity. But basically it‟s what I call a one-on-one case. … I qualified it. Or anyone. BY THE COURT: All right. BY MR. LEE: Does the Court want to know what this is?

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  • Silton Ardoin v. Gde Renovations, Inc.

    Louisiana Court of Appeal · May 17, 2023

    “Unless the WCJ’s findings of fact are found to be manifestly erroneous or clearly wrong, those findings will not be set aside. … Ardoin the opportunity to use the exhibit to establish La.R.S. 23:1031 causation burdens. For the following reasons we do not find any merit to this assignment of error.

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  • State of Louisiana v. Daniel Brandon Prince -Aka- Daniel B. Prince

    Louisiana Court of Appeal · Feb 1, 2017

    It was also established at trial that Otten and Jason Fruge were related. Detective LeJeune testified he believed Otten was Jason Fruge’s half-sister. … Clearly, the jury could only have reasonably found Defendant guilty by accepting as true the testimony of Michael Hayes.

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  • State of Louisiana v. Chad Scott

    Louisiana Court of Appeal · Mar 4, 2026

    The reference to “robbery and kidnaping charges” against Defendant would clearly not be admissible pursuant to any stated exception in La. C.E. art. 404 B. … Since, therefore, this evidence qualifies as “not otherwise admissible” under La.

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  • State of Louisiana v. Donald Alan Crooks

    Louisiana Court of Appeal · Nov 8, 2023

    In order to utilize evidence of a radar reading to establish a violation of our speed laws, a proper foundation for the admission of the radar evidence must be established. State v. … The State must prove that the particular radar unit was functioning accurately and that the officer was properly qualified to operate the radar gun.

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  • State v. Aguliar-Benitez

    260 So. 3d 1247 · Louisiana Court of Appeal · Dec 10, 2018

    On November 9, 2013, Ann Troy, a forensic pediatric nurse practitioner who qualified at trial as an expert in childhood emotional, physical, and sexual abuse, and the delayed disclosure of that abuse, examined E.M.P. and … The record does not clearly reflect when defendant moved into the home, nor how long he lived in the home.

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  • Coastal Industries, LLC v. Arkle Constructors

    Louisiana Court of Appeal · Sep 1, 2022

    The doctrine implied that the arbitrator appreciated the existence of clearly governing legal principle, but decided to ignore or pay no attention to it. See Robert S. Robertson, Ltd. v. State Farm Ins. … The record before us establishes that the parties were allowed to brief and argue all issues before the arbitrator.

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  • State of Louisiana v. Victor D. Guillory A/K/A Victory Guillory

    Louisiana Court of Appeal · Jan 25, 2023

    Defendant argues his actions in sending the text messages do not qualify him as the “most egregious” of offenders and his case should be remanded to the trial court for resentencing. … Defendant notes that his ex-wife, a victim in this case, would qualify as a “family member” as defined by La.R.S. 14:35.3(B)(4).

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  • State of Louisiana v. Charles Brown, Jr.

    Louisiana Court of Appeal · May 12, 2004

    The article simply and clearly states that the trial judge shall be recused when he has been employed as an attorney in the cause. … Since the record establishes that the trial judge represented the Defendant on a 1987 charge of attempted forcible rape which resulted in a conviction, and that the 1987 conviction was admitted as other crimes evidence

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  • State of Louisiana v. Vincent Marinello

    Louisiana Court of Appeal · Oct 6, 2010

    The State also presented expert testimony regarding autopsy and ballistic results to establish that Liz was killed by NyClad ammunition. … (2) An individual grand juror was not qualified under Article 401.

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  • Jason Jones and Stephanie Jones, individually and o/b/o Caleb Jones v. State of Louisiana, through Department of Transportation and Development

    Louisiana Court of Appeal · Nov 4, 2024

    A trier of fact' s allocation of fault will not be disturbed unless it is found to be manifestly erroneous or clearly wrong. … Gary Thomas, a certified professional civil engineer, was qualified as an expert in highway design, construction, maintenance, and traffic engineering. According to Dr.

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  • State Of Louisiana v. Rodney Jack Strain, Jr.

    Louisiana Court of Appeal · Jun 1, 2023

    At trial, Mitchell was qualified as an expert in diagnosing PTSD for the purpose of mental health disorder counseling. … How did you establish a relationship with [R.P.]? A. [ R.P.] was difficult to establish a relationship with.

    Cited 0 timesUnknown

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