Case law

State v. Delaughter

703 So. 2d 1364 · Louisiana Court of Appeal · Dec 10, 1997

A trial court is not required to render a suspended sentence or probation on a first (or qualifying second) felony offense. … Neither the bill of information nor the factual basis provided at the guilty plea colloquy establish the date of the offense with more specificity than sometime "during the year 1994."

State v. Hernandez

488 So. 2d 972 · Supreme Court of Louisiana · May 20, 1986

essential evidence of his guilt was entirely hearsay (to which his attorney did not object); that a conviction should not be allowed to stand where the only evidence is unobjected to hearsay; that the testimony did not qualify … The hearsay evidence was clearly inadmissible, and the Jackson v. Va. standard has not been met. WATSON, J., dissents.

Barham & Arceneaux v. Kozak

874 So. 2d 228 · Louisiana Court of Appeal · Mar 12, 2004

It establishes only that M & M and Kozak had jointly undertaken to represent these clients. … The trial court clearly did not find Kozak to be a credible witness.

McFarland v. Brotherhood of Locomotive Firemen & Enginemen

193 La. 337 · Supreme Court of Louisiana · Jun 26, 1939

belonging to it; provided, however, that upon presentation of evidence which clearly indicates that an error has been committed by a subordinate lodge officer, after specific action upon the question has been taken by the … Mayo has not been shown to possess any such authority, but, on the contrary, his testimony and the provision of the Constitution with respect to officers and governing authority of the International appear to me to establish

Lerner New York, Inc. Versus Newell D. Normand, Sheriff, and Ex-Officio Tax Collector for Jefferson Parish; Jefferson Parish Sheriff's Office, Bureau of Revenue and Taxation, Sales and Use Tax Division

Louisiana Court of Appeal · Dec 26, 2019

However, factual issues require a manifest error or clearly wrong standard of review. Rosell v. ESCO, 549 So.2d 840 (La. 1989). … Lerner argues it is entitled to a full relief under the statutory safe harbor immunity provision of La. R.S. 47:337.86(A)(1).

Reeves v. International Telephone & Telegraph Corp.

357 F. Supp. 295 · District Court, W.D. Louisiana · Apr 27, 1973

These regulations establish certain basic criteria which an employee must meet to be considered exempt under the Act. … Clearly Reeves in no way was a white-collar employee.

Neathamer v. Singleton

15 La.App. 5 Cir. 411 · Louisiana Court of Appeal · Dec 23, 2015

the finding is clearly wrong or manifestly' erroneous. … This constitutional function gives an appellate court the right to determine whether the trial court verdict was clearly wrong based on the evidence, or clearly without evidentiary support. Id.

Matthews v. City of Alexandria

619 So. 2d 57 · Supreme Court of Louisiana · Jun 22, 1993

Neither plaintiff had served the requisite amount of time and therefore only qualified for retirement based on their disability, LSA-R.S. 11:3113(1). … Clearly, the disability benefits are principally funded by the employer/City.

Doe v. Jindal

851 F. Supp. 2d 995 · District Court, E.D. Louisiana · Mar 29, 2012

Hearsay evidence and unsworn documents do not qualify as competent opposing evidence. Martin v. John W. Stone Oil Distrib., Inc., 819 F.2d 547 , 549 (5th Cir.1987). … To repeat for emphasis, the Equal Protection Clause of the Fourteenth Amendment of the Constitution clearly and directly commands that no State shall “deny to any person within its jurisdiction the equal protection of the

Tran v. Petroleum Helicopters

2000 La.App. 3 Cir. 0051 · Louisiana Court of Appeal · Jun 28, 2000

An appellate review is generally concerned with two considerations: 1) whether there exists a reasonable factual basis in the record for the finding of the trial court, and 2) whether the record establishes that the finding … Nothing herein shall be construed to prevent any employer from carrying his own insurance towards his own employees; nothing herein shall apply to an employer qualified under the laws of this state to engage in the liability

Watkins v. UNITED STEEL WORKERS OF AMERICA, LOC. NO. 2369

369 F. Supp. 1221 · District Court, E.D. Louisiana · Jan 14, 1974

But there are innumerable cases under-Title VII in which courts have significantly modified established seniority rights. … That case involved only the issue of whether a senior white who bumped a more junior black was qualified for the job at th< *1230 time of the bump.

State of Louisiana v. Dolan McGinnis

Louisiana Court of Appeal · Mar 11, 2020

There are no qualifying provisions in the statutes; thus, under the provisions of La. R.S. 14:11, the term “intentional” refers to “general criminal intent.” … Further, jurisprudence clearly provides that the crime of aggravated battery is a general criminal intent crime. See State v.

State ex rel. Board of Ethics for Elected Officials v. Green

540 So. 2d 1185 · Louisiana Court of Appeal · Feb 28, 1989

La.R.S. 18:1511.1 A provides: The Supervisory Committee on Campaign Finance Disclosure is established. … Board established. There is hereby established in the Department of Civil Service the Board of Ethics for Elected Officials to be domiciled in the city of Baton Rouge. B.

Scott v. UNUM Life Insurance Co. of America

80 So. 3d 740 · Louisiana Court of Appeal · Dec 19, 2011

Penalty and attorney fees Unum argues that the trial court was clearly wrong in finding that La. R.S. 22:1821 was violated and that a penalty and attorney fees were warranted. … The party claiming entitlement to penalties and attorney fees bears the burden of proving that the insurer had sufficient proof that payment on a claim was due as a basis for establishing that *751 the insurer was arbitrary

State v. Armant

719 So. 2d 510 · Louisiana Court of Appeal · May 27, 1998

Poche, the parish coroner, was qualified to serve on the sanity commission and to render an opinion as to defendant's capacity to proceed. The parties, in fact, stipulated to Dr. … Defendant understood the consequences of a guilty verdict, but considered himself immune from a conviction. In his opinion, defendant would not be able to assist counsel in locating and preparing witnesses. Dr.

State v. Platt

998 So. 2d 864 · Louisiana Court of Appeal · Dec 3, 2008

Credibility determinations lie within the sound discretion of the trial court and its rulings will not be disturbed unless clearly contrary to the evidence. … Promises of immunity from prosecution, clemency, or leniency, inducements and implied promises will void a defendant's confession.

Thomisee

District Court, W.D. Louisiana · Nov 3, 2025

Under Louisiana law, an entity must qualify as a “juridical person,” which is defined as “an entity to which the law attributes personality, such as a corporation or partnership.” La. Civ. Code art. 24. … The prisoner must show that prison officials “‘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 any

State v. Campbell

2015 La.App. 4 Cir. 0017 · Louisiana Court of Appeal · Jun 24, 2015

“The determination of credibility is a question of fact within the sound discretion of the trier of fact and will not be disturbed unless clearly contrary to the evidence.” Richards, supra (citing State v. … Neither officer was qualified as an expert; they both testified based on their experience as narcotics officers. 9 Sergeant O’Brien testified that “[i]nside one of the kitchen cabinets on top of the shelf there was two Good

State Ex Rel. De Armas v. Platt

193 La. 928 · Supreme Court of Louisiana · Nov 27, 1939

Relators allege that on September 5, 1939, they were duly sworn and qualified by Honorable George P. … The presentment is immune. It is like the `hit and run' motorist. Before application can be made to suppress it, it is the subject of public gossip. The damage is done.

In re Harrier Trust

264 So. 3d 526 · Louisiana Court of Appeal · Jan 30, 2019

Marshall's appointment of the five co-trustees, is not available in a case where the answer to the question at issue is clearly provided by the Trust. … Marshall's appointments, asserting that the individuals chosen are not qualified and that they have ulterior motives, rendering them interested rather than disinterested parties.