Case law

State v. Collins

540 So. 2d 1046 · Louisiana Court of Appeal · Feb 22, 1989

According to the article, evidence qualifies as “newly discovered” if it was not discovered before or during trial, it is available and its late discovery was not due to any lack of reasonable diligence on the part of the … This establishes the essential elements of the crime of simple burglary. LSA-R.S. 14:62. The remaining issue is the identity of the suspect. The instant record does not support Collins’s claim that the eyewitness, Mr.

Cangelosi v. OUR LADY OF LAKE REG. MED. CTR.

564 So. 2d 654 · Supreme Court of Louisiana · Apr 20, 1990

(Emphasis added.) *662 The reason I concur rather than dissent in this case is that the qualifying requirements of res ipsa, on the plaintiffs' best case scenario, fall short of establishing that the accident was the kind … Clearly, the facts of this case do not suggest that the defendants' negligence was the probable cause of the injury.

State v. Morris

770 So. 2d 908 · Louisiana Court of Appeal · Nov 3, 2000

However, as discussed later, defendant was clearly connected to those offenses through circumstantial evidence. … In addition to the testimony of their robbery plans by Green and Molden, Brett Wederstrandt's testimony clearly established that he had the reason and opportunity to commit the robber's features to memory and that he did;

State v. Beason

653 So. 2d 1274 · Louisiana Court of Appeal · Apr 7, 1995

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … The defendants objected to these statements, arguing that they were hearsay and there was insufficient foundation to qualify as excited utterances.

State v. Pierre

2015 La.App. 4 Cir. 0293 · Louisiana Court of Appeal · Mar 23, 2016

Although the State does not clearly identify the provision of Article 579 upon which it relies to establish interruption, the State’s arguments appear to |7implicate both La.C.Cr.P. art. 579 A (2) and (3). … Defendant clearly failed, in this case, to comply with the requirements of La.

Harris v. Browning-Ferris Industries Chemical Services Inc.

635 F. Supp. 1202 · District Court, M.D. Louisiana · May 9, 1986

Thus, La.R.S. 32:79 sets forth the duty of care for a lead vehicle driving on a roadway laned for traffic as follows: Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following … Establishing of speed zones A.

State Ex Rel. Porterie v. Smith

184 La. 263 · Supreme Court of Louisiana · Dec 2, 1935

“Plaintiffs show that they have duly qualified and are in possession of their new offices, and allege that the defendants are interfering with them in the discharge of their duties. “In the case of Guillotte v. … In this case the presumption, far from having been destroyed, has been established as well-founded.” (Italics ours.) Rehearing refused. O’NIELL, C. J., adheres to his dissenting opinion.

Drefchinski v. Regan

589 F. Supp. 1516 · District Court, W.D. Louisiana · Jun 25, 1984

Drefchinski did not indicate anywhere on the 1040 form that her war tax deduction was qualified in any way. … She cites several cases in an attempt to establish that a war tax deduction is not wholly without legal basis.

Seals v. Pittman

499 So. 2d 114 · Louisiana Court of Appeal · Oct 15, 1986

It is well established that the mere fact there was an unsatisfactory result does not establish negligence. Phelps v. Donaldson, 243 La. 1118 , 150 So.2d 35 (1963); Meyer v. St. … The evidence here clearly points to another such explanation other than surgical negligence. The evidence before the trier of fact clearly furnishes a reasonable basis for the conclusions reached by the jury.

State v. Amos

97 La.App. 3 Cir. 1283 · Louisiana Court of Appeal · Apr 29, 1998

The test results of the defendant’s blood established his intoxication beyond the statutory limit. … Second, the record establishes that the district court did not give the defendant credit for time he spent in actual custody prior to the imposition of the sentence.

Bonnette v. National Surety Corp.

75 So. 2d 345 · Louisiana Court of Appeal · Oct 6, 1954

He clearly stated that he was not in a position to say that an accident caused his disability. … Let me qualify that injury to the lacrimal gland — say an injury to the lacrimal gland is very rare in the absence of a fracture. “Q.

United States v. M/V BIG SAM

454 F. Supp. 1144 · District Court, E.D. Louisiana · May 9, 1978

By enacting FWPCA, Congress comprehensively established standards and limits of liability for oil spill cleanup costs. … The purpose of the 1972 Act is clearly to provide a basis on which the United States can obtain a recovery, not eliminate already existing remedies to the government, including those under prior statutes.

Ravain v. Ochsner Medical Center - Kenner, L.L.C.

District Court, E.D. Louisiana · Aug 12, 2022

Defendants further assert that federal question jurisdiction exists in this matter because the complete-preemption doctrine clearly applies. (Id. at pp. 3–5). … The burden of establishing subject matter jurisdiction in federal court rests on the party seeking to invoke it. St.

Darbone v. State

2001 La.App. 3 Cir. 1196 · Louisiana Court of Appeal · Feb 6, 2002

He testified that he has been qualified as an expert in highway maintenance and highway safety in Louisiana courts. … Because the cap was to be established annually, application of the appropriate cap was established according to "the time of judicial demand."

State v. Holden

30 So. 3d 1053 · Louisiana Court of Appeal · Jan 27, 2010

When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable … Where the record clearly shows an adequate factual basis for the sentence imposed, remand is unnecessary even where there has not been full compliance with La. C. Cr. P. art. 894.1. State v.

Hartford Fire Insurance Co. v. Roger Wilson, Inc.

252 So. 2d 161 · Louisiana Court of Appeal · Oct 28, 1971

McClain, however, was neither tendered nor qualified as an expert and he had no first-hand knowledge of what repairs were necessary or effected. … Other articles of our Civil Code clearly contemplate that a lease is valid even though no time is specified.

State ex rel. A.V.

14 La.App. 5 Cir. 465 · Louisiana Court of Appeal · Oct 29, 2014

While the trial court was correct that the family did not qualify for many services, the record is clear that the state made sufficient efforts to help the family. Importantly, Ms. … DCFS clearly | ^established that at least one year has elapsed since the children were removed from the parents’ custody.

Opinion Number

Louisiana Attorney General Reports · Aug 22, 2005

It should be noted that the Louisiana Legislature has established special procedures for the granting of mineral leases covering "sixteenth section or school indemnity lands" in La. … More specifically, in 1784-85, the Continental Congress established and initiated a rectangular system to survey public lands. The measured rectangle is the township.

Robertson v. Cumis Ins. Co.

355 So. 2d 1371 · Louisiana Court of Appeal · Mar 7, 1978

This seems to be so well established that we do not feel it requires further comment. See: Seaton v. Kelly, 339 So.2d 731 (La. 1976). … Young Robertson was not a "named insured" on the policy so the only way he could qualify would be as an "omnibus insured".

Worsham v. Hanover Insurance Co.

378 So. 2d 1060 · Louisiana Court of Appeal · Dec 3, 1979

Coco re-emphasized that before an appellate court can change an award made by a trial court, the record must clearly reveal that the trier of fact abused his discretion in making the award. Reck v. … We have concluded from a totality of the testimony that plaintiff has failed to establish she had any lumbar back injury or elbow injury which was related to the accident.