Case law

State v. Juniors

915 So. 2d 291 · Supreme Court of Louisiana · Nov 29, 2005

Defendant contends the trial court erred in excluding the letter, arguing it was clearly admissible as impeachment evidence attacking Williams' credibility. … As the transcript of defendant's guilty plea colloquy clearly reflects, all constitutional requirements for accepting defendant's guilty plea were satisfied.

State v. Pendergist

444 So. 2d 306 · Louisiana Court of Appeal · Dec 22, 1983

Since the jurisprudence clearly holds that these test results are not admissible at the trial, we do not find error in the refusal by the trial court to permit questioning in this area. … the results of the lie-detector test administered to Harris, which indicated that Harris was telling the truth when he stated he initially lied to the grand jury, have been available since September 1980, and thus do not qualify

Cline v. Cheema

2011 La.App. 4 Cir. 1029 · Louisiana Court of Appeal · Feb 22, 2012

Accordingly, we may not set aside the trial court’s findings unless, in view of the entire record, they are manifestly erroneous or clearly wrong. … First, we must conclude that there is no reasonable factual basis for the trial court’s award, and second, we must conclude that the award is clearly wrong. Kaiser v.

Rigby v. &198etna Casualty Surety Co.

151 So. 119 · Louisiana Court of Appeal · Dec 1, 1933

“No citation of authority is necessary, however, to support the proposition that the burden of proof is on the defendants to establish the contributory negligence relied upon as a defense. … He is fully qualified in that line of medicine, and it was only due to this particular arrangement he had with his partner that he was not doing more of that practice, coupled with his ambition to become a great surgeon.

Holder v. Cooley

District Court, W.D. Louisiana · Jul 27, 2023

Judge With respect to Judge Lori Landry, it is well established that judges enjoy absolute immunity from liability for damages arising out of performance of their … To establish a constitutional violation, an inmate must show that he suffered a qualifying adverse retaliatory act.

McBead Drilling Co. v. Kremco, Ltd.

490 So. 2d 674 · Louisiana Court of Appeal · Jun 11, 1986

Finding that this issue was res novo at that time, the court, citing cases addressing similar procedural laws which were given retrospective operation in the absence of a clearly expressed legislative intent to the contrary … The court noted that the defendant was never qualified to do business in Louisiana, nor had it ever appointed an agent for service of process in this state.

Chaffraix v. Board of Liquidation

11 F. 638 · District Court, E.D. Louisiana · Mar 15, 1882

He is clearly a necessary party. I do not understand that the case of Davis v. Gray has attempted to change the rule recognized in these cases and enforced in Governor v. Madrazo. … He says, page 21, “that case is clearly distinguishable from the cases of Osborne v. Bank and Davis v. Gray.”

Cellular One, Inc. v. Boyd

653 So. 2d 30 · Louisiana Court of Appeal · Mar 3, 1995

Also, should any customer cancel, any retractions the former employee might have qualified to receive will be applied to the noncompetition payment. . . . . … Further, the geographic and time limitations are clearly specified in the contract and comply with the statutory guidelines.

Aladdin Oil Company v. Rayburn Well Service, Inc.

202 So. 2d 477 · Louisiana Court of Appeal · Jul 17, 1967

O'Connor, a petroleum engineer, qualified as an expert in his field, concerning production of oil and gas in Louisiana. … Dausch was qualified as an expert petroleum engineer. The plaintiffs point out that upon the type of evaluation made by Mr.

Williams v. James

34 F. Supp. 61 · District Court, W.D. Louisiana · Jul 26, 1940

The venue in this case is clearly established as the plaintiffs have residence in this district. Judicial Code, Section 51, 28 U.S.C.A. § 112 (a). … We have been unable to imagine a factual situation where Rule 4 (f) could be applied at all, if it be qualified 'as being of substantive jurisdiction and as not being merely procedural.

Glenn M. Hebert v. Louisiana Licensed Professional Voc. Rehab. Counselors

Louisiana Court of Appeal · Jan 23, 2008

Arceneaux urges, however, he is immune from suit and is entitled to rely on La.Code Civ.P. art. 971 in seeking to strike Mr. Hebert’s petition. First, we find Mr. … Hebert of his free speech right to express his opinion regarding a matter he is uniquely qualified to speak upon. We acknowledge the Board has an interest in promoting camaraderie among professional counselors.

Bagwell v. South Louisiana Electric Co-Op. Ass'n

228 So. 2d 555 · Louisiana Court of Appeal · Nov 25, 1969

Company basically is that its liability is limited to that provided by the Louisiana Workmen's Compensation Act, since it was the statutory employer of Bagwell at the time the injuries were sustained, and that it thus is immune … We think that is the established jurisprudence in this state. See Sanderson v. Binnings Construction Company, 172 So.2d 721 (La.App. 4 Cir. 1965); Gros v.

State v. Gaudin

493 So. 2d 234 · Louisiana Court of Appeal · Jul 23, 1986

It is apparent that Fields' testimony regarding how Gaudin knew he was a police officer was relevant and clearly testimony that the state could pursue. … Although a sentence is within the limits established by statute, it may be held to be excessive. State v. Sepulvado, 367 So.2d 762, 767 (La.1979).

Davis v. Henry

555 So. 2d 457 · Supreme Court of Louisiana · Jan 8, 1990

An analysis of our jurisprudence demonstrates that public employees possess such a right, with an exception being made for strikes which clearly endanger the public health and safety. … However, in light of the Louisiana legislature's failure to establish which classes of public employees are entitled to strike, we may only proceed on a case-by-case basis.

Milena Ship Management Co. Ltd. v. Newcomb

804 F. Supp. 846 · District Court, E.D. Louisiana · Aug 10, 1992

No evidence establishes the absence of some governmental presence in the concept of social property. … Whether an error of law was committed has not been established by plaintiffs.

State v. Washington

86 So. 3d 697 · Louisiana Court of Appeal · Feb 1, 2012

Weaver was qualified as an expert in identification of street drugs and also testified as a fact witness. … The testimony of the officers, Howard and the video recording submitted into evidence established that Howard, an established confidential informant, went to Washington’s home in an attempt to buy drugs.

State v. Comeaux

514 So. 2d 84 · Supreme Court of Louisiana · Sep 9, 1987

He argues that the selection of a "death-qualified" jury pursuant to La. Code Crim.P. art. 798(2) [1] and Witherspoon *89 v. … In the instant case, the photographs in question were clearly admissible to corroborate the manner in which the deaths occurred and the expert testimony establishing the cause of death as multiple traumatic injuries sustained

Clarke v. Rosenda

5 Rob. 27 · Supreme Court of Louisiana · May 15, 1843

IV., ch. 16, show clearly, that the mere appointment of an assignee, did not, in England, divest the bankrupt of the legal title to the property he possessed, as under the act of Congress. … is neither in the possession of the bankrupt nor his assignee ; or where the legal title is vested in the creditor, as is the case with mortgages in England, and in those States where the common law prevails ; or where a qualified

State v. Thomas

15 La.App. 5 Cir. 759 · Louisiana Court of Appeal · May 12, 2016

As a result, under the Jackson standard, a review of the record for sufficiency of the evidence does not require’ the reviewing court to determine whether the evidence at the trial' established guilt beyond a reasonable doubt … He is clearly familiar with the designs of Chrysler vehicles, including the Dodge Avenger. He owns two of those Dodge Avengers.

United States v. Bossier Parish School Board

220 F. Supp. 243 · District Court, W.D. Louisiana · Aug 20, 1963

Clearly, notwithstanding its protests to the contrary, the Government hiere is attempting to accomplish indirectly that which it cannot do directly, namely, to eliminate alleged discrimination against federal children on … The remaining interest it asserts-is that of preserving an efficient military establishment.