Case law

State v. Singleton

953 So. 2d 168 · Louisiana Court of Appeal · Mar 14, 2007

Defendant further claims that the trial court erred in requiring Defendant to give further explanation after he had clearly established race neutral reasons for the first two peremptory challenges. … Therefore, the prosecution clearly established a prima facie case of discriminatory intent. Defendant is also incorrect in contending that he did not bear the burden of proof.

State v. Ladd

2013 La.App. 4 Cir. 1663 · Louisiana Court of Appeal · Jul 2, 2014

To rebut the presumption that a mandatory minimum sentence is constitutional, the defendant must clearly and convincingly show that: [he] is exceptional, which in this context means that because of unusual circumstances, … Neither factor individually or in combination defines a class of offender suffi *646 ciently narrow to qualify as exceptional.

Douglas v. Haro

32 So. 2d 387 · Louisiana Court of Appeal · Nov 3, 1947

These facts, we are clearly of opinion, authorize him to maintain this action in his own right. … Counsel for plaintiff argue that the cases from Louisiana cited by them should be controlling here, and that we should follow the doctrine established in those cases in deciding this matter.

Leonard v. Ryan's Family Steak Houses, Inc.

2005 La.App. 1 Cir. 0775 · Louisiana Court of Appeal · Jun 21, 2006

To reverse the factual findings of the trier of fact, an appellate court must find (1) a reasonable factual basis does not exist in the record for the finding and (2) the record establishes that the finding is clearly wrong … Nothing in the record *411 establishes a reason why, upon seeing the out-of-place tire stop, Ms.

Tanner v. Beverly Country Club, Inc.

217 La. 1043 · Supreme Court of Louisiana · Jun 30, 1950

In each case taxpayers and residents of the Parish of Jefferson, in the first listed case 26 and in the second 16, availing themselves of the provisions of Act 192 of 1920, as amended, are seeking to have the establishments … since increased to 28), and the territorial limits of each is specifically fixed (Section 31), each district to be presided over by one judge or more, as the case may be (Section 32), to be elected by a plurality of the qualified

Augustine v. COURTNEY CONST. CO., ETC.

405 So. 2d 579 · Louisiana Court of Appeal · Oct 7, 1981

An odd lot *584 claimant need not be absolutely helpless to qualify for total disability. … We conclude that the record establishes that the trial court's finding that Safeco acted arbitrarily and capriciously in terminating payment of workmen's compensation benefits to appellee is clearly wrong. Arceneaux v.

Barton v. Gulf States Entertainment

655 F. Supp. 782 · District Court, M.D. Louisiana · Feb 19, 1987

Where a federal district court clearly has Article III jurisdiction over claims against some parties and a state law claim is made against another party which is derived from a common nucleus of operative fact, the court … Since plaintiffs have not even alleged facts to establish the independent § 1983 liability of Gulf States, its motion as to this claim will be granted.

Klein

District Court, E.D. Louisiana · Oct 23, 2025

It is worth noting again here that it is Klein’s burden to establish subject matter jurisdiction, meaning it is his burden to establish to the Court’s satisfaction that the Eleventh Amendment does not apply here to bar … The acts that Klein complains of are clearly judicial in nature.

Roque v. State

273 So. 3d 1252 · Louisiana Court of Appeal · May 15, 2019

statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedure; (4) Affected by other error of law; (5) Arbitrary or capricious or characterized by abuse of discretion or clearly … III, § 2101(A) (providing that "[t]he Louisiana Combined Application Project (LaCAP) is established in accordance with applicable state and federal laws"). See La.

Roque v. State

273 So. 3d 1252 · Louisiana Court of Appeal · May 15, 2019

statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedure; (4) Affected by other error of law; (5) Arbitrary or capricious or characterized by abuse of discretion or clearly … III, § 2101(A) (providing that "[t]he Louisiana Combined Application Project (LaCAP) is established in accordance with applicable state and federal laws"). See La.

Whitewing and Whitewing Oil Company, LLC v. Energy Drilling Company, Inc.

978 So. 2d 1256 · Louisiana Court of Appeal · Mar 26, 2008

While the actual taking of a deposition and the service of "discovery materials" are considered steps, the pertinent letter clearly qualifies as neither. See La. Code Civ. P. arts. 1421, 1438, 1446D, 1474C(4). … Therefore, we agree with the trial court's conclusion that Plaintiffs failed to establish that their actions qualified as "steps" sufficient to interrupt the abandonment period.

Tin, Inc. v. Washington Parish Sheriff's Office

2012 La.App. 1 Cir. 0156 · Louisiana Court of Appeal · Jul 2, 2012

DMA asserted that the taxpayer had incorrectly overpaid use taxes between January 1, 2001 through November 30, 2003, on caustic soda and NaSH, which, DMA asserted, qualified for “the raw material exclusion” and for which … Clearly, the latter remedy, which appears to reference the provisions of La.

State v. Wille

595 So. 2d 1149 · Supreme Court of Louisiana · Mar 2, 1992

Agreeing with the district court that defendant has failed to establish his claim of ineffective assistance of counsel, we now unconditionally affirm the conviction and sentence. … The record of voir dire and the testimony at the hearing on remand clearly demonstrate that Oubre was exerting his best efforts, unfettered by self-interest, in selecting the jury.

Crane v. Sun Oil Co.

223 So. 2d 14 · Louisiana Court of Appeal · Mar 14, 1969

Accordingly, he extended the line south this distance from the NW corner of the section thereby establishing the SW corner of the quarter section which is also the SW corner of plaintiff’s property. … The above quoted description is further qualified by the provision “with whatever title the owner may have thereto”.

Stuckey v. Riverstone Residential SC, LP

2008 La.App. 1 Cir. 1770 · Louisiana Court of Appeal · Aug 5, 2009

C.C. arts.2004 and 2699, as it was not clear and unambiguous, not clearly brought to Ashley Stuckey’s attention, and purports to immunize the defendants from delictual liability in advance of the occurrence of the tort; ( … At any rate, we conclude that hnParagraph 26(a) clearly and adequately expresses the parties’ intent that, as between them, the responsibility for any condition or defect involving mold or mildew in the apartment would rest

Diefenthal v. United States

343 F. Supp. 1208 · District Court, E.D. Louisiana · May 8, 1972

I found him to be well qualified and it appeared that his opinions were based on careful analysis and study. Mr. … He sought to adjust SCRAPCO’s book value by including projected lease values based on what he was “told” and on clearly unfounded assumptions.

Heaton v. Monogram Credit Card Bank

408 F. Supp. 2d 213 · District Court, E.D. Louisiana · Jul 29, 2005

Heaton contends that Monogram was clearly not “engaged in the business of receiving deposits” because it received no deposits from the general public, but rather only a single deposit from its parent corporation. … as “ ‘adversely affected or aggrieved ... within the meaning’ of a statute, a plaintiff must establish that the injury he complains of ... falls within the ‘zone of interests’ sought to be protected by the statutory provision

Smith v. Thomas

District Court, W.D. Louisiana · May 1, 2025

The plaintiff bears the burden of establishing that equitable tolling applies. Rotella v. Pederson, 144 F.3d 892 (5th Cir. 1998); see also Ramirez v. … “Judicial immunity is an immunity from suit and not just from the ultimate assessment of damages.” Ballard v. Wall, 413 F.3d 510, 515 (5th Cir. 2005).

State v. Morris

259 La. 1001 · Supreme Court of Louisiana · Nov 8, 1971

The judgment on maintaining these standards is best left, in the first instance, to the trial judge, who is present on the scene and best qualified to observe and understand the complexities of the whole trial. … As we understand this bill, the subsequent offense cannot properly establish relevant evidence showing system, motive, intent and guilty knowledge for the crime charged.

Martin v. Louisiana Stadium and Exposition Dist.

349 So. 2d 349 · Louisiana Court of Appeal · Jun 7, 1977

The Abbott case is clearly distinguishable. … Clearly, this right is reserved to any legislative body. See Hainkel v.