Case law

State v. Thomas

427 So. 2d 428 · Supreme Court of Louisiana · Feb 23, 1983

Certainly, the argument has been made that an improperly "death-qualified" jury is more likely to vote to convict. … No principle of procedural due process is more clearly established than that notice of the specific charge, and a chance to be heard in a trial of the issues raised by that charge, if desired, are among the constitutional

Price v. Irons

District Court, E.D. Louisiana · Jun 8, 2020

Mar. 20, 2015) (“Claims of absolute and qualified immunity may . . . be raised in a Rule 12(b)(6) motion to dismiss.” (citing Morales v. … Miller, 519 F.3d 231, 239 (5th Cir. 2008) (“In evaluating a motion to dismiss a state claim on the grounds of qualified immunity, federal courts must apply the state’s substantive law of qualified immunity.”).

Cleland v. City of Lake Charles

840 So. 2d 686 · Louisiana Court of Appeal · Mar 5, 2003

Scott Krenrich was qualified as an expert in the fields of emergency room medicine, physics, and biomechanical engineering. … Thus, because the defendants failed to establish the evidentiary reliability of Dr.

State v. Cade

244 La. 534 · Supreme Court of Louisiana · May 9, 1963

As fundamental as religious freedom may be, however, it creates no immunity for crime committed under the guise of religious dogma. … Clearly, this error is prejudicial to the substantial rights of the *559 defendant. Hence, the conviction and sentence must fall.

State v. Hunter

340 So. 2d 226 · Supreme Court of Louisiana · Oct 14, 1976

It would permit the defendant to obtain otherwise nondiscoverable evidence merely in the hope of establishing an antagonistic defense. … Clearly, the ability to apply the law of "principals" is relevant to the question of whether the juror will accept the law as given to him by the court.

Anderson v. Avondale Industries, Inc.

798 So. 2d 93 · Supreme Court of Louisiana · Oct 16, 2001

"Substantive laws," for purposes of determining whether a law should be applied retroactively, are those which establish new rules, rights, and duties, or change existing ones. Aucoin v. … R.S. 23:1032, as amended in 1976, extends the employer's tort immunity to executive officers. [3] In Cole v.

POP CONSTEUCTION CO. v. State Farm Fire & Cas. Co.

328 So. 2d 105 · Supreme Court of Louisiana · Feb 23, 1976

It is argued that prescription should not run against the insured during the sixty day period provided for the insurer to pay the loss since during this time the insurer is clothed with immunity from suit. … Plaintiff has advanced no clear or compelling reason why we should overturn the decision, and since it is the established jurisprudence of our state, we will continue to follow it. 2.

McCrory v. Harp

31 F. Supp. 354 · District Court, W.D. Louisiana · Feb 9, 1940

prays that he be ordered to account for all revenues received from the properties subsequent to the date of qualifying as executor. … Tompkins, supra, we are of the view that this previous legal recognition becomes the more firmly established. Therefore, we must apply the Louisiana law of prescription (limitation, at common law).

State v. Mims

505 So. 2d 747 · Louisiana Court of Appeal · Apr 1, 1987

Kentucky, 476 U.S. ___ , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), stated that this interpretation of Swain placed on a defendant a crippling burden of proof, making a prosecutor's peremptory challenges largely immune from constitutional … First, the defendant who is black, has clearly shown that he is a member of a cognizable racial group. This fact is reflected not only by the trial transcript but also by a picture of the defendant filed into evidence.

United States Ex Rel. Garibaldi v. Orleans Parish School Board

46 F. Supp. 2d 546 · District Court, E.D. Louisiana · Jun 4, 1999

Healthy Department of Education was not entitled to Eleventh Amendment immunity. … An award of $4.6 million is clearly within a reasonable range based upon the evidence presented by the jury.

Glankler v. Rapides Parish School Bd.

610 So. 2d 1020 · Louisiana Court of Appeal · Dec 1, 1992

Viewing the record evidence in light of the delineated inquiry espoused in Adams, supra, we cannot say that the trial court was clearly erroneous in its acceptance of Paul Hogan as an expert in the field of child supervision … We find that Glankler failed to prove that DHHR had either actual or constructive notice regarding the alleged defective design of the swing, and that the trial court's contrary determination was clearly wrong.

Succession of Elrod v. Elrod

218 So. 2d 83 · Louisiana Court of Appeal · Jan 6, 1969

This, we think, is so clearly established as to admit of little or no doubt. … An attempt to obtain his testimony by answer to interrogatories submitted by the plaintiffs was met with a plea of diplomatic immunity. In support of their charge of simulation, plaintiffs offered the testimony of Mrs.

U.S. Equal Opportunity Employment Commission v. E.I. Du Pont De Nemours & Co.

406 F. Supp. 2d 645 · District Court, E.D. Louisiana · Jun 6, 2005

Sikes, 218 F.3d at 494 (affirming district court’s decision to combine issues of liability and the defense of qualified immunity into a single interrogatory). … Clearly, Stein’s experience qualified her to testify as an expert in emergency evacuation of individuals with disabilities.

State v. $29,177.00 U.S. Currency

93 La.App. 3 Cir. 592 · Louisiana Court of Appeal · Feb 2, 1994

He was well aware of Thibodeaux’s experience in such matters and was clearly troubled by the implications of the testimony. … We hold that the trial court was not clearly wrong in finding no probable cause for the forfeiture.

State v. Vinzant

200 La. 301 · Supreme Court of Louisiana · Mar 30, 1942

The subject matter charged in the indictment was stated clearly and specifically. But, if defendant had needed more data or details in order to make his defense, his right and remedy are clearly prescribed by the Code. … His ruling was clearly correct.

Augillard v. Barney

904 So. 2d 751 · Louisiana Court of Appeal · May 4, 2005

He emphasized that Barney had mistakenly represented on his candidacy form that he voted in the senatorial district for which he was qualifying, when in fact he did not. … These factors clearly establish that for that period at least his domicile was on Morrison Road. It is equally clear that he established another residence on DeMontluzin Street in 2003 as the trial judge found.

Clark v. CHRISTUS HEALTH NORTHERN LOUISIANA

47 So. 3d 1135 · Louisiana Court of Appeal · Sep 22, 2010

The existence or nonexistence of a contract is a question of fact not to be disturbed unless clearly wrong. Worley, supra; Chapman, supra. … The RIA is Clark’s signed commitment to remain at Schumpert for two years as required to qualify for the sign-on bonus.

Sprinkle v. Safeco Insurance Co. of America

564 So. 2d 1321 · Louisiana Court of Appeal · Jul 13, 1990

that the finding is not clearly wrong (manifestly erroneous). *1324 Arceneaux, 365 So.2d at 1333 ; B and L Associates, Inc. v. … The evidence clearly establishes that Mrs. Sprinkle’s horse showed no outward manifestation of nervousness or fright prior to the occurrence of the accident. Therefore, under the rule expressed in Planche , Mr.

State v. Folse

16 So. 2d 613 · Louisiana Court of Appeal · Feb 11, 1944

committee failed in any duty which it was required by law to perform; that it was the duty of the committee to accept as correct the tally sheets and tabulations made by the commissioners of election and that, until it has been established … That mandamus is proper in cases like this is clearly pointed out by our Brethren of the First Circuit in Bauer v. Gilmore, supra, for, there, Mr.

Hunter v. JINDAL

20 So. 3d 592 · Louisiana Court of Appeal · Oct 13, 2009

Because the qualified signatories exceeded 33⅜ percent of the qualified voters, the Governor issued a proclamation on July 10, 2009, ordering a special election to be held on Saturday, October 17, 2009, for the recall of … Although the appellant argues that the applicable delay should not commence until such time as a party knows or should know facts that show 19the commission of fraud or ill practices, the statute clearly specifies that the