Case law

State v. Martin

250 La. 991 · Supreme Court of Louisiana · Jun 30, 1967

Clearly, this prosecution for false and illegal registration does no violence to the foregoing statute. By its terms, it applies to citizens who are “otherwise qualified to vote.” See U.S.C. 42:1973i(a). … However, in the absence of qualifying provisions, the terms ‘intent’ and ‘intentional’ have reference to- ‘general criminal intent.’ ”

State v. Kelly

393 So. 2d 706 · Supreme Court of Louisiana · Jan 26, 1981

Kelly is being given a chance to obtain help from qualified medical personnel as to his problem, and the sentence in that regard is non-penal.” … The trial court was clearly in error. To hold Kelly responsible for a violation of his probation under the circumstances would constitute a denial of fairness and due process.

Clark v. Parker

8 La.App. 3 Cir. 941 · Louisiana Court of Appeal · Feb 4, 2009

The trial court erred in ruling on the issue of qualified immunity prior to hearing any evidence on the issue. 2. … A plaintiff asserting an excessive force claim under Section 1983 is “required to show a significant injury that resulted from the use of objectively unreasonable | fiforce that was clearly excessive of the need.”

Manchack v. Willamette Industries, Inc.

621 So. 2d 649 · Louisiana Court of Appeal · Jun 23, 1993

John Dorgan, who was qualified by knowledge, training and experience to assist the court in the field of industrial safety. … Dorgan was not qualified by training, education or experience to testify as an expert; the court sustained the objection.

Aucion v. Spencer

135 So. 2d 105 · Louisiana Court of Appeal · Nov 13, 1961

the Sabine Parish School Board claiming that said defendant was unlawfully holding and exercising the office of Member of said Board when he had allegedly removed himself from Ward 3 from which he had been elected and had established … But clearly there is nothing inconsistent or irreconcilable in these provisions.

State v. Maise

167 So. 3d 600 · Supreme Court of Louisiana · Jun 30, 2015

After receiving a grant of transactional immunity from the State, A.L. testified that while she and Ayo were having sexual intercourse in Ward’s bedroom, R.P. and King appeared getting “ready to do something,” but she did … done the defendant, and, unless such is shown to have been the case the motion 1 sshall be denied, no matter upon what allegations it is grounded. 9 A defendant seeking a new trial based on newly discovered evidence must establish

Tulley v. Ethyl Corp.

678 F. Supp. 614 · District Court, M.D. Louisiana · Nov 6, 1987

Quite clearly, subparagraph (c)(1) continues to treat only pension plans which provide for early retirement. … This provision clearly mandates a death benefit in the form of a qualified joint and survivor annuity.

State v. Martin

543 So. 2d 1020 · Louisiana Court of Appeal · Apr 19, 1989

In the present case the three loaded handguns were clearly relevant and material to the issue of intent to distribute. … The record reflects that the State did not qualify Detective Faglie as an expert on direct examination.

Guidry v. Boston Old Colony Ins. Co.

540 So. 2d 543 · Louisiana Court of Appeal · Mar 15, 1989

However, the jury clearly found Meaux's testimony the more credible and we cannot say, in light of the evidence in this case, that the jury's findings of credibility and fact are clearly wrong. … The testimony of these two disinterested witnesses clearly establishes that they each independently observed the yellow caution light immediately after the accident. This light was found to be functioning normally.

State v. Rapides Parish Democratic Executive Com.

32 So. 2d 494 · Louisiana Court of Appeal · Nov 11, 1947

therefore was not a qualified candidate for Police Juror, at the time of filing his qualification." … It is plain that the establishment of the only ground of the "protest", that is, that relator did not possess any real property, would not have justified his disqualification.

State v. Friday

2010 La.App. 1 Cir. 2309 · Louisiana Court of Appeal · Jun 17, 2011

The prosecutor sought to have Caruso qualified as an expert in the field of child *931 | Mand family counseling and sought to establish, as part of Caruso’s expertise, her experience in counseling and treating children who … She is an expert, she’s qualified by reason of her education, training and background in that field, or she is not, and I believe that the State has set forth sufficient background to establish her qualifications in the field

State v. Valdetero

93 La.App. 1 Cir. 1807 · Louisiana Court of Appeal · Dec 22, 1994

Although the defendant indicated his intent to call Ballard and Simmons as defense witnesses, we note that it never was established on the record that these witnesses, if called to the stand, would have claimed their privilege … The cases cited above clearly hold that Louisiana does not recognize defense witness immunity. Our decision is reinforced by the trial court’s specific finding of no prosecutorial misconduct in this situation.

City of Lafayette v. Cason

393 So. 2d 424 · Louisiana Court of Appeal · Dec 17, 1980

The defendant's position is supported by the testimony of two qualified real estate appraisers. … They can be established by expert opinion, corroborated by the facts in the record, especially where accepted by the trier of fact.

Cloud v. Stone

District Court, W.D. Louisiana · Jan 23, 2020

Qualified Immunity In the alternative, Defendants move for summary judgment based on a qualified immunity defense. … Courts employ a two-step procedure to gauge the applicability of qualified immunity.

Dyess v. Caraway

190 So. 2d 666 · Louisiana Court of Appeal · Sep 27, 1966

Bryson, both qualified and competent veterinarians practicing in Caddo Parish, Louisiana. All three of these expert witnesses testified that in their opinion the treatment as given by Dr. Caraway was not improper. … Caraway was justified in assuming that Sonja, who was two years old or over, had been immunized; that distemper is an air-borne disease and can be contracted anywhere; that plaintiff has not established the puppies actually

State Ex Rel. Lw

11 So. 3d 1225 · Louisiana Court of Appeal · Jun 3, 2009

Adkins, Ph.D., as an expert qualified to offer an opinion in this case? 2. … The first element of Article 1015(5) is clearly established based on facts in the record revealing that the children were in State custody for more than one year when the termination trial was held and the judgment granting

Fontenot v. Magnolia Petroleum Co.

227 La. 866 · Supreme Court of Louisiana · Apr 25, 1955

the unchallenged and unrebutted proof by plaintiffs, we necessarily conclude that the evidence clearly establishes the claim of plaintiffs in that the general and extensive damages to their homes were non-existent prior … True, plaintiff Young orally agreed to permit entrance upon his property for these purposes, but it cannot be said that he expressly or impliedly granted legal immunity to the defendants from liability for any damages suffered

Adams v. Texas & Pacific Motor Transport Co.

408 F. Supp. 156 · District Court, E.D. Louisiana · Sep 10, 1975

Petrillo’s testimony establishes that, even had he passed the test, Adams’ hiring would have been on a probationary basis. … Civil rights legislation serves a broad remedial aim, but it clearly was not designed to assist job applicants found to have misrepresented themselves in seeking positions for which they are not qualified.

State v. Robins

499 So. 2d 94 · Louisiana Court of Appeal · Aug 19, 1986

Defendant objected to any opinion testimony because he had not been qualified as an expert. The State then established the doctor's qualifications and tendered him as an expert witness. … The State never established its connexity to defendant at the time in question, and it was clearly irrelevant.

Shaquana Harvey, Individually and in Her Capacity as the Natural Tutrix of Jaden Harvey v. Eric Wayne Hamby, Plaquemines Parish Sheriff's Office, Through Gerald A. Turlich, Jr., Sheriff, and American Alternative Insurance Corporation

Louisiana Court of Appeal · Oct 4, 2023

The standard for determining whether a witness is qualified to testify in a matter as an expert is governed by Daubert v. … Winkler for the purpose of having him qualified as an expert, Defendants’ counsel failed to do so and objected to Mr. Winkler being qualified as an expert solely based on not knowing the content of his testimony.