Case law

State of Louisiana v. Glynn Juniors

Louisiana Court of Appeal · Dec 30, 2005

On January 30, 1998, two capital-qualified attorneys enrolled as counsel for Defendant. Various pre-trial filings were dealt with throughout 1998 and 1999. … It is well established that “reasonable grounds” exist where one should reasonably doubt the defendant’s capacity to understand the nature and object of the proceedings against him, to consult with counsel

State of Louisiana v. Bengy R. Cooley

Louisiana Court of Appeal · Jun 3, 2015

It was not established when he did this by his statements. The list of Internet providers or I.P. address list indicated that there were four computers that were used at different times. … Citing La.R.S. 14:11, the court further stated that absent qualifying terms, the terms “intent” and “intentional” refer to general criminal intent. Id.

Justiss Oil Company, Inc. v. Oil Country Tubular Corporation

Louisiana Court of Appeal · Apr 5, 2017

The expert evidence clearly shows that Justiss was acting reasonably and within normal drilling procedures when it elected to cement the casing in place before learning the pipe was defective. … Defendants failed to establish that Justiss should have stopped sooner and that it failed to properly mitigate its losses. 27 B.

Melba Lee See v. Entergy Corporation

Louisiana Court of Appeal · Nov 4, 2009

The heavy duty placed by Louisiana law on following 15 motorists clearly supports the jury’s finding and renders a JNOV inappropriate in this 16 case. 17 Having taken the previously discussed factors into … The award of $45,000.00 set by the trial court on JNOV is, in our view, 26 similarly too low–such that it is enough to qualify as an abuse of discretion.

State of Louisiana v. Ricky Joseph Langley

Louisiana Court of Appeal · Apr 6, 2011

Regardless of the jury’s thought process in this particular case, clearly the argument that the issue of specific intent was “necessarily determined” is unsupported. … 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.

State of Louisiana v. Katron v. Richard A/K/A Katron Richard

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.

State of Louisiana v. Raven Lamar Wiltz

Louisiana Court of Appeal · Dec 30, 2019

Bonner, both of whom failed to establish the defendant as one of the shooters. … Brady also requires the disclosure of evidence concerning a promise of leniency or immunity to a material witness in exchange for his testimony at trial. Giglio v.

State of Louisiana Versus Willie H. Battle

Louisiana Court of Appeal · Jun 17, 2024

App. 5 Cir. 10/31/00), 772 So.2d 854, 860, writ denied, 00-3297 (La. 10/26/01), 799 So.2d 1151. 5 Defendant points out multiple times in his brief that the surveillance video shows he is “clearly not pigeon-toed.” … The majority in the present matter does not address this issue, even though it was specifically raised by defendant on appeal ‒ that is whether overseas military duty qualifies as an important public policy.

Teresa Jeffries v. Prime Insurance Company

Louisiana Court of Appeal · Nov 3, 2021

as an expert and whether expert testimony is admissible, and its decision in regards to expert testimony will not be upset on appeal unless it is clearly erroneous. … It is well established that an insurer is charged with knowledge of the contents of its own policy.

Donald F. Carabine v. Oliver Degravelle, Jr.

Louisiana Court of Appeal · May 6, 2009

The above testimony and documents in evidence establish[] that there is a predial servitude of passage over sixty (60’) feet of the property owned by Gene Schexnayder. … The predial servitudes are established by title[,] and the use and extent of the servitudes [are] regulated by the title by which they are created.

State of Louisiana v. Lance S. Barton

Louisiana Court of Appeal · May 5, 2021

ISSUES We must decide: (1) Whether evidence that was properly admissible was insufficient to establish beyond a reasonable doubt that Lance Barton molested … A statement made by a minor victim to certain qualified persons may be recorded and introduced into evidence pursuant to La.R.S. 15:440.1 through 15:440.5.

Johnette Wilzcewski v. Brookshire Grocery Company

Louisiana Court of Appeal · Mar 16, 2011

Staires stated that he clearly saw no contraindication to the trial of the spinal cord stimulator that Dr. Firmin was considering recommending. … A review of the record before us establishes that the second issue raised by Brookshire is equally without merit because the WCJ never invoked the application of the doctrine of res judicata.

Louisiana Health Service & Indemnity Company, D/B/A Blue Cross and Blue Shield of Louisiana and Hmo Louisiana, Inc. Versus Narinder M. Gupta, M.D.

Louisiana Court of Appeal · Feb 12, 2025

Gupta contends that Blue Cross cannot establish that he was given the requisite notice, under either the Physician Agreement or the recoupment statute. … The burden of establishing the exception of no right of action is on the exceptor. Id. 2. Dr. Gupta’s Right of Action for Violations of La. R.S. 22:1838 Dr.

State of Louisiana v. Jamal Christopher Lacon

Louisiana Court of Appeal · Dec 30, 2019

Brady also requires the disclosure of evidence concerning a promise of leniency or immunity to a material witness in exchange for his testimony at trial. Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763 (1972). … At any rate, given the wealth of evidence of the defendant’s culpability introduced into the record, any error in admitting the statements was clearly harmless. State v.

State of Louisiana Versus Jared Diaz

Louisiana Court of Appeal · Nov 17, 2021

Lieutenant William Hare JPSO Lieutenant William Hare, commander of the Vice Division, was qualified as an expert in the area of human trafficking. … The testimony and evidence presented at trial established that Mr.

State of Louisiana v. Danny Trey Crossland

Louisiana Court of Appeal · Feb 12, 2025

Having been prevented from committing a litany of even more egregious felonies against the child victim does not qualify as mitigation for the crimes he did commit. .... … Still, the record should establish that the trial court adequately considered the codal guidelines in particularizing 19 a defendant’s sentence. Id.

State of Louisiana v. Robert S. Willis

Louisiana Court of Appeal · Nov 2, 2005

Furthermore, the testimony of the victim alone is sufficient to establish the elements of a sexual offense. … This court stated that the only evidence of the crime was the “somewhat inconsistent testimony of an eleven-year-old girl” and without a qualifying instruction, it could not be “ruled out that the jury found the defendant

State of Louisiana v. Rodney J. Tolliver

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 arguendo 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