Circuity is to be avoided.
Supreme Court of Louisiana Court Cases
Rosell v. Esco (1989)
This case presents the question whether the factual finding by a jury that an elevator maintenance firm caused damage to an elevator passenger by its negligence was manifestly erroneous or clearly wrong. The Court of Appeal concluded that there was such readily perceived error and reversed. Rosell v. ESCO, 539 So.2d 937 (La.App. 4th Cir.1989). Because our reading of the record convinces us that the Court of Appeal misapplied the manifest errorclearly wrong standard, we reverse.
Court: Supreme Court of Louisiana Docket: 89-C-0607
We granted certiorari on plaintiffs' application to decide whether the Court of Appeal applied properly the correct review standard when it found that the trial court was clearly wrong in its conclusion that the roadway contained a defect and that the DOTD had actual or constructive notice of the defect. The court of appeal concluded that the trial court's findings were manifestly erroneous and reversed the trial court's decision, 601 So.2d 33. For the following reasons, we conclude that the [...]
Court: Supreme Court of Louisiana Docket: 92-C-1328
State v. Oliveaux (1975)
Defendant, Richard Oliveaux, was convicted after a jury trial of driving while intoxicated, third offense, in violation of La.R.S. 14:98 and was sentenced to one year at hard labor.
Court: Supreme Court of Louisiana Docket: 55321
State v. Dorthey (1993)The State of Louisiana appeals from a judgment of the Orleans Parish Criminal District Court holding that the Habitual Offender Statute, L.S.A.-R.S. 15:529.1, is unconstitutional because it violates the separation of powers clause of the 1974 Louisiana Constitution. For the following reasons we determine that the statute is not unconstitutional. Nonetheless, because constitutionally excessive sentences are subject to being stricken, we remand this case to the district court for a determination [...]
Court: Supreme Court of Louisiana Docket: 92-KA-3120
Arceneaux v. Domingue (1978)
This damage suit arose when plaintiff's car was struck from the rear by a car owned by Jimmy Bearb and driven by Drew Domingue. There was a jury verdict for the defendants, which was affirmed by the Court of Appeal in an unpublished opinion. We granted writs (359 So.2d 1303 (La. 1978)), and reverse.
Court: Supreme Court of Louisiana Docket: 62446
The sole issue before the court in this personal injury case is whether the court of appeal erred in reducing the trial court's award of general damages and in deleting the award of loss of found.
Court: Supreme Court of Louisiana Docket: 92-C-3017
State v. Bonanno (1980)Defendant Joseph Bonanno was convicted of distribution of cocaine in violation of R.S. 40:967B(1) in May, 1978 and was sentenced to twenty-one years imprisonment. Defendant appealed, contending among other things that the trial court failed to adhere to the sentencing guidelines of C.Cr.P. art. 894.1 and that the sentence was excessive. This Court found that the trial court had not adhered to the requirements of C.Cr.P. art. 894.1, vacated the sentence and remanded the case to the trial court [...]
Court: Supreme Court of Louisiana Docket: 66232
State v. Lanclos (1982)On December 29, 1980 defendant, Clement Davis Lanclos, was charged with aggravated rape. On January 13, 1981 the St. Landry Parish grand jury indicted him for the crime of forcible rape, under La.R.S. 14:42.1. At the arraignment, held on February 25, 1981, defendant pled not guilty. Pursuant to a plea bargain with the state the defendant subsequently withdrew his not guilty plea and, on May 19, 1981, entered a plea of guilty to the crime of sexual battery, La.R.S. 14:43.1. The trial judge [...]
Court: Supreme Court of Louisiana Docket: 82-KA-0086
State v. Crosby (1976)
The defendants pleaded guilty, conditioned upon appellate review of their complaints of prejudicial pre-plea rulings which (they allege) impaired their ability to present an adequate defense. The guilty plea was accepted by the trial court with that reservation of appellate review, the court thus approving the plea bargain to that effect between the prosecutor and the defense counsel.
Court: Supreme Court of Louisiana Docket: 57513
State v. Smith (1983)
Defendant Jessie Lee Smith was convicted of armed robbery, a violation of LSA-R.S. 14:64, and sentenced to 60 years at hard labor without benefit of parole, probation, or suspension of sentence. In appealing his conviction and sentence, he urges five arguments encompassing twelve assignments of error. We affirm.
Court: Supreme Court of Louisiana Docket: 82-KA-0924
State v. Lobato (1992)
Defendant, Daniel Lobato, was convicted of conspiracy to possess marijuana with intent to distribute, LSA-R.S. 14:26 and 40:966, and was sentenced to four and one-half years at hard labor with a fine of $1,250 plus court costs, in default of which defendant is to serve six additional months. On appeal, the conviction and sentence were affirmed. 588 So.2d 1378 (La.App. 2d Cir.1991). The defendant's writ application was granted by this court. 594 So.2d 1306 (La.1992).
Court: Supreme Court of Louisiana Docket: 91-K-2738
State v. Mussall (1988)We granted certiorari in this armed robbery case to consider the state's claim that the court of appeal did not apply the appropriate Jackson v. Virginia methodology in reversing the defendant's conviction but instead directly assessed the credibility of the witnesses and substituted its finding of a reasonable doubt for that of a rational trier of fact. State v. Mussall, 514 So.2d 505 (La.App. 4th Cir.1987). We affirm. Having considered all of the evidence from the perspective of a rational [...]
Court: Supreme Court of Louisiana Docket: 87-K-2535
State v. Sepulvado (1979)
The defendant, Frankie Sepulvado, was convicted for a violation of La.R.S. 14:80 (1950), carnal knowledge of a juvenile. The trial court sentenced him to serve three years and six months at hard labor.
Court: Supreme Court of Louisiana Docket: 62622
Canter v. Koehring Company (1973)
This is a wrongful death action. The court of appeal, one judge dissenting, reversed a judgment in favor of the plaintiff widow and children and against certain corporate employees and their insurer. 267 So.2d 270 (La.App. 3d Cir. 1972). We granted certiorari, 263 La. 233, 267 So.2d 726 (1972), primarily to resolve a conflict between the circuits and to speak authoritatively on the following issue:
Court: Supreme Court of Louisiana Docket: 52870
State v. Hearold (1992)
On October 6, 1988, narcotics officers, acting on a tip from a confidential informer, stopped a car driven by defendant and owned by William Costin, a passenger in the car. Defendant attempted to evade the police, but lost control and the car became mired in the mud on the shoulder of the road.
Court: Supreme Court of Louisiana Docket: 90-K-2094
Schroeder v. Board of Sup'rs (1991)
Frank A. Fertitta, Lane, Fertitta, Lane & Tullos, Carolyn Pratt Perry, Raymon G. Jones, Mary E. Mouton, Barbara L. Malik, Deutsch, Kerrigan & Stiles, Boris F. Navratil, Breazeale, Sachse & Wilson, for respondents.
Court: Supreme Court of Louisiana Docket: 91-C-0941
Mart v. Hill (1987)
This litigation arose out of an accident which occurred on October 19, 1981, at approximately 7:30 p.m. just inside the Jefferson Parish line (from New Orleans) in the westbound (inside) paved shoulder of Interstate Highway 10, on the descending portion of the Oaklawn overpass. The plaintiff, Raymond J. Mart, allegedly sustained serious and disabling back injuries after his 1980 Toyota pick-up truck was rear-ended by a loaded tractor-trailer owned and operated by defendant James E. Hill.
Court: Supreme Court of Louisiana Docket: 86-C-2191, 86-C-2200
Reck v. Stevens (1979)
After a lengthy trial, the district court awarded the plaintiff $10,000 for pain and suffering. The court of appeal found the award to be excessive and reduced it to $5,000. 365 So.2d 876 (La.App. 4th Cir. 1979).
Court: Supreme Court of Louisiana Docket: 63982
A lawsuit was brought by Ora Watson, individually and as tutrix of her minor child, and six major Watson children, against Earl Creel and his insurer, State Farm Fire and Casualty Insurance Co., for the wrongful death of Ora's husband and the children's father, Doyle Watson. The claim arose out of a hunting accident in which Earl Creel's minor son, Shane, shot and killed the fifty-three year old Watson with a high-powered rifle. A trial jury rendered a verdict in favor of defendants, finding [...]
Court: Supreme Court of Louisiana Docket: 84-C-2158
State v. Jones (1981)
He was originally charged with distribution of marijuana, a violation of R.S. 40:966(A). After a plea bargain was negotiated, the state reduced the charge to attempted distribution of marijuana (R.S. 40:966(A); R.S. 14:27) and the defendant pleaded guilty. He was sentenced to five years imprisonment at hard labor and fined $7000.
Court: Supreme Court of Louisiana Docket: 80-KA-2379