Case law

State v. Converse

529 So. 2d 459 · Louisiana Court of Appeal · Jun 21, 1988

Defendant complains that Deputy Daigle was allowed to offer opinion evidence to the effect that the piece of wire could be used in a dangerous manner, (despite the fact that he was not qualified as an expert witness). … His testimony was clearly based upon his personal observations. This assignment of error has no merit.

State v. King

355 So. 2d 1305 · Supreme Court of Louisiana · Mar 6, 1978

Clearly, it was more probable than not that the pillowcase, the bottles of prescription drugs and the wallet were related to the case. Hence, the trial judge properly permitted their introduction in evidence. … The state then proceeded to recrossexamine defendant in an attempt to establish that in fact he did know that Lehmann intended to burglarize the store.

Rushing

District Court, M.D. Louisiana · Mar 30, 2026

Discretionary Function Immunity The discretionary function immunity defense “must be proven by the Defendants.” (Id. at 1.) … “Here, Plaintiff has clearly ignored the Court’s Ruling and Order, amending his Complaint to add claims against Crain, asserting the Court must have implicitly granted him leave to re-assert allegations against Crain.

Professional Dental Health Network, Inc. v. Advantage Health Plan, Inc.

0 La.App. 5 Cir. 1399 · Louisiana Court of Appeal · Jan 30, 2001

In the Hearing Agreement Section 2 is titled, “Use of the PDHN Dental Network” (emphasis added) although clearly it should have been called “Use of the PDHN Hearing Network.” … AHP argues that the two varying interpretations of that Paragraph establish its ambiguity.

Norred v. Travelers Insurance Company

236 So. 2d 637 · Louisiana Court of Appeal · May 26, 1970

One of these physicians is an internist, specially qualified to treat a metabolic condition such as diabetes. … The testimony clearly establishes that the infection in Norred's hand was healed and his diabetic condition was under complete control on his release from the hospital on December 2, 1965.

State v. Hicks

607 So. 2d 937 · Louisiana Court of Appeal · Oct 28, 1992

establish the identity of the victim. … McCormick was qualified as an expert in forensic pathology and a physician. The record reflects that his testimony was in compliance with LSA-C.E. Arts. 702 and 705(B).

State, Department of Social Services, Office of Family Support v. Gibson

768 So. 2d 714 · Louisiana Court of Appeal · Sep 27, 2000

The affidavit shall state in substance: (a) That the affiant is qualified as an examiner of blood or tissue samples for inherited characteristics, including but not limited to blood and tissue types, to administer the test … Sozer’s report clearly indicates that Mr. Gibson’s failure to exhibit this fragment was taken into consideration when the final probability of paternity and combined paternity index were calculated.

Louisiana Power and Light Co. v. City of Houma

229 So. 2d 202 · Louisiana Court of Appeal · Dec 11, 1969

It is either established or conceded that defendant services 290 customers outside its municipal limits. … This latter determination is made in view of what we consider the clearly implied mandate in Ouachita that recriminatory expropriations are to be avoided as a matter of law.

Frazier

District Court, W.D. Louisiana · Mar 24, 2026

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. … Here, the Sabine Parish Sheriff’s Office does not qualify as a juridical person. See Cozzo v.

In Re Richard

50 So. 3d 1284 · Supreme Court of Louisiana · Nov 30, 2010

The baseline sanction for respondent's misconduct is clearly disbarment. Respondent acted knowingly, if not intentionally, causing actual injury. … I find respondent's forgery of a medical record to assist his client obtain illegal drugs so reprehensible as to qualify him for permanent disbarment.

In Re Grand Jury

737 So. 2d 1 · Supreme Court of Louisiana · Apr 13, 1999

While the case law clearly establishes that a federal grand jury can obtain state grand jury materials pursuant to a subpoena [4] , comity prescribes that the state court with supervision over the grand jury rule on the continuing … The United States Attorney is not immune from the required showing of compelling necessity.

Carter v. Spears

248 So. 2d 859 · Louisiana Court of Appeal · May 25, 1971

(John) Mozeke, plaintiffs’ grandfather, had been duly appointed and qualified as tutor of the minors, Booker T. Carter and James D. … This allegation is not correct as the record clearly shows that Mattie Jean Mozeke Spears was duly appointed tutrix for Willie Mae Nelson (Probate Docket 955) and was authorized to sell the minor’s interest in the property

State v. Morgan

2002 La.App. 4 Cir. 1489 · Louisiana Court of Appeal · Mar 12, 2003

The question here is whether this decision was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. … It is patent that the state court’s determination of this issue was not contrary to clearly established Supreme Court law, but in fact follows it. Thus, plaintiffs claim of cruel and unusual punishment fails.

Jacquet v. Bonin

425 F. Supp. 863 · District Court, E.D. Louisiana · Jul 21, 1975

If states may impose rules to assist the administration of their AFDC program, HEW clearly may promulgate regulations permitting them to do so. … The statute was intended to prevent the States from denying- benefits even temporarily, to a person who has been found fully qualified for aid.

Ortega v. Recreation & Parks Comm'n for the Parish of E. Baton Rouge

255 So. 3d 6 · Louisiana Court of Appeal · Jul 18, 2018

summary, it [was] the Court's opinion that BREC's actions, based on the facts of this case, are reasonable and substantive relations to the health safety and general welfare of the public and [its] employees, and they [were] clearly … This general right was expressly qualified. The legislature is clearly empowered to fashion exceptions in cases established by law that are in the public interest. See Id. at 387.

Johnson v. Crum

2 La.App. 5 Cir. 930 · Louisiana Court of Appeal · Sep 10, 2002

Crum was indeed a resident of the 40th Judicial District within the last two years and is therefore qualified. … We are unable to say that those findings were clearly wrong, based as they were on a reasonable view of the evidence and determinations of credibility.

Purvis

District Court, W.D. Louisiana · May 7, 2026

dismissal of the complaint, or any portion thereof, if the Court finds it is frivolous or malicious, if it fails to state a claim on which relief may be granted, or if it seeks monetary relief against a defendant who is immune … A plaintiff must establish that a prison official “refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly evince a wanton disregard for

Woods v. Jastremski

201 La. 1092 · Supreme Court of Louisiana · Nov 4, 1942

This is clearly demonstrated by the opening phrase of the article which reads: “The authentic act, as relates to contracts * * The clause “as relates to contracts” qualifies and limits the subject of the sentence “the authentic … There the plaintiff sought to establish its title by the copy of a copy of -an original act, and the court correctly rejected the evidence.

State v. Baker

582 So. 2d 1320 · Louisiana Court of Appeal · May 30, 1991

The statements made by defendant to Detective Davis were clearly exculpatory in nature. … Alden and her statement to Williams was not established. Second, Mrs.

Andrew Richard Early, III v. The Unopened Succession of Lolalisa Clark

Louisiana Court of Appeal · Mar 23, 2026

A party is indispensable only when the facts clearly establish that no complete and equitable adjudication of the controversy can be made in his absence. The burden of proving an exception is on the party asserting it. … limited purpose of any such action or proceeding, the appointed attorney at law shall be the proper representative of the succession of any such decedent to the same extent as if he were the regularly appointed and duly qualified