Case law

State v. Jones

492 So. 2d 1261 · Louisiana Court of Appeal · Aug 6, 1986

His status as a convicted felon was clearly proven. The knife was on the defendant at the time of his arrest. He claims the ten-inch butcher knife is not a weapon under the statute. In State v. … A ten-inch butcher knife certainly qualifies as a weapon and its concealment is proscribed by La.R.S. 14:95.1. The defendant also argues the evidence presented was not sufficient to show intent to conceal.

Lafayette Parish School Board, Sales Tax Division v. State ex rel. Department of Revenue & Taxation

97 La.App. 3 Cir. 519 · Louisiana Court of Appeal · Oct 29, 1997

The Smith case clearly limits our inquiry to the specific language of the act. … For taxpayers that elect the alternative “cost price” and use tax determination method, Act 719 of 1990 clearly established new rights.

Kozlowicz v. State, Department of Public Safety & Corrections

2008 La.App. 1 Cir. 1806 · Louisiana Court of Appeal · Mar 27, 2009

A qualified Headquarters staff member has closely reviewed your ARP to determine the validity of your claims, to assess this particular situation, and to issue a fair response. … Because of these rules of construction, the party attacking the act must establish clearly and convincingly that the constitutional aim was to deny the legislature the power to enact the statute. Polk, supra.

State v. Jackson

820 So. 2d 1147 · Louisiana Court of Appeal · May 29, 2002

FACTS: At the suppression hearing Sergeant Bruce Harrison of the Jefferson Parish Sheriff's Office was qualified as an expert in narcotics. … The trial court's decision to deny a Motion to Suppress is afforded great weight and will not be set aside unless the preponderance of the evidence clearly favors suppression. State v.

Berard v. St. Martin Parish Government

13 La.App. 3 Cir. 114 · Louisiana Court of Appeal · Jun 5, 2013

The record clearly established that St. Martin Parish had a lawful “maintenance” servitude on the drainage channel in question. … Again, this finding is legally and factually incorrect as it was clearly established at trial that St.

Crescent Property Partners, LLC v. American Manufacturers Mutual Insurance Co.

158 So. 3d 798 · Supreme Court of Louisiana · Jan 28, 2015

However, it is a procedural law, establishing a period after which a plaintiff may no longer assert a claim. … Indeed, the record clearly establishes the parties were allowed to brief the peremption issue thoroughly and to argue their positions before the panel.

Viator v. Liverpool & London SS Protection and Indem. Ass'n

701 So. 2d 487 · Louisiana Court of Appeal · Oct 8, 1997

The decision to qualify a witness as an expert is within the discretion of the trial court. A determination in this regard will not be disturbed on appeal lacking manifest error. Carpenter v. … We cannot say that the award was clearly wrong. Therefore, the award will not be overturned.

Saffel v. Bamburg

540 So. 2d 988 · Louisiana Court of Appeal · Feb 22, 1989

Bamburg, who had clearly been drinking, was operating a 1974 Chevrolet Nova owned by Rodney Messick in a northerly direction, and struck the Coleman vehicle head-on after crossing the center line. Mrs. Coleman and Mrs. … However, we are aware of no requirement that the owner of a covered vehicle must be afforded UM coverage regardless of whether or not such owner qualifies as an "insured" under the appropriate policy language.

Whitten Foundation v. Granger

950 So. 2d 720 · Louisiana Court of Appeal · Nov 3, 2006

In addition, it is well established that exemptions from taxation are strictly construed against the taxpayer claiming the benefit thereof and must be clearly, unequivocally, and affirmatively established by the taxpayer. … It was clearly established from the decisions of the earlier tribunals that the portions of the office building leased for commercial purposes were leased for purposes unrelated to the non-profit organization's tax exempt

Eakin v. Ascension Parish Police Jury

294 So. 2d 527 · Supreme Court of Louisiana · Apr 29, 1974

are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal … Although the nurse's aides were not qualified to do this work, they engaged in other activities also requiring special skills. Mrs.

Robert v. Robert

93 So. 3d 637 · Louisiana Court of Appeal · Apr 11, 2012

Although appellant did not meet her burden of proof of establishing the exact amount of community funds used to defray Mr. … From the record before us, we cannot find fault with this award, which is not clearly wrong. Mrs.

Levy v. Stephens

36 So. 2d 44 · Louisiana Court of Appeal · Jun 28, 1948

At the time of trial he was 74 years of age; had been a resident of Natchitoches Parish for almost sixty years; a qualified surveyor for 50 years; served at one time as Parish Assessor and was the Parish Surveyor at the time … If it was proposed to relocate the center line of the road, and if, in fact, it was relocated, then clearly the State failed to obtain a proper right-of-way.

State v. Willis

843 So. 2d 592 · Louisiana Court of Appeal · Apr 9, 2003

At trial, Deputy Murad identified the evidence collected and was qualified as an expert in the manner in which illegal drugs are handled. … Defendant's actual possession was established by the testimony of Corey Cooper, who stated that the marijuana belonged to defendant.

Iberia Sugar Cooperative, Inc. v. United States

360 F. Supp. 967 · District Court, W.D. Louisiana · Sep 6, 1972

. *968 FACTS The facts have been established by the pleadings, by stipulation, or have been set forth in plaintiff’s answers to interrogatories. … The law clearly states that such a portion of a patronage dividend or refund is not a true patronage dividend, and consequently is not deductible for federal income tax purposes.

Stumpf v. Metairie Motor Sales, Inc.

212 So. 2d 705 · Louisiana Court of Appeal · Jul 15, 1968

Mayer was identified as a service manager for another automobile agency and qualified as an expert in automobile mechanics. He and Mr. … LSA-C.C. art. 2530 establishes a presumption that the vice in the thing existed before the sale if it becomes manifest within three days.

James D. Madden and Lyda Roberts Madden v. Mary Elizabeth Chumley, In Her Capacity as of the Succession of Johnye Mae Madden

Louisiana Court of Appeal · Sep 25, 2019

Smith was qualified as an expert in “land, titles, title examination, opinions, and matters pertaining thereto” during the trial on the merits. … Smith’s testimony, Beth’s attorney questioned him regarding the subject matter for which he was retained and qualified to offer an expert opinion. While qualifying Mr.

State v. Tuggle

504 So. 2d 1016 · Louisiana Court of Appeal · Mar 4, 1987

The above testimony clearly indicates that the defendant did not have Mrs. Doe's consent to enter the home. Although Mrs. … The defendant has the burden of establishing the defense of insanity at the time of the offense by a preponderance of the evidence. LSA-C.Cr.P. art. 652.

Dunnington v. Magee

152 So. 2d 391 · Louisiana Court of Appeal · Mar 29, 1963

Hollister to re-survey the property and establish the corners. … He stated there were two or three sets of lines made by qualified surveyors and foresters who were not qualified surveyors. The basis of Freshwater’s knowledge of the lines was an old Hollister survey made for Gaylord.

In Re: Subpoena Duces Tecum Issued by the Inspector General of the City of New Orleans to Duplantier, Hrapmann, Hogan & Maher, Subpoena No. 1-Ad/20-0002.

Louisiana Court of Appeal · Aug 4, 2021

Clearly, the trial court did not err in 10 holding that the Mayor of New Orleans appoints a majority of the OPCD board of commissioners. … Unlike the Orleans Parish School Board, the OPCD is not a constitutionally protected and independent office immune to the OIG’s authority under the Home Rule Charter and the City Code.

April King v. Shelton Berry, and Hon. Amanda Gross Thies, West Baton Rouge Parish Clerk of Court

Louisiana Court of Appeal · Aug 8, 2024

to qualifying for the office. … qualifying for the office.