light principle in Louisiana

2016That case reveals that during a Storm on March 18, 1996, the plaintiff was injured when a light standard crashed into a fruit stand canopy, striking the plaintiff on the head and he sustained permanent injury to his head and back, requiring several surgeries and “a lifetime of medical care.” Id., 2000-2213, p. 2; 811 So.2d at 57 .

2003Joseph v. Entergy, 2000-2213 (La.App. 4 Cir. 2/13/02) , 811 So.2d 54 , writ denied, XXXX-XXXX (La.5/10/02), 815 So.2d 846 .

1965Everett v. Phillips Petroleum Company, 218 La. 835 , 51 So.2d 87 (1950), and cases cited therein; Smith v. Holt, 223 La. 821 , 67 So.2d 93 (1953); Delatte v. Woods, 232 La. 341 , 94 So.2d 281 (1957).

1965Everett v. Phillips Petroleum Company, 218 La. 835 , 51 So.2d 87 (1950), and cases cited therein; Smith v. Holt, 223 La. 821 , 67 So.2d 93 (1953); Delatte v. Woods, 232 La. 341 , 94 So.2d 281 (1957).

1965Everett v. Phillips Petroleum Company, 218 La. 835 , 51 So.2d 87 (1950), and cases cited therein; Smith v. Holt, 223 La. 821 , 67 So.2d 93 (1953); Delatte v. Woods, 232 La. 341 , 94 So.2d 281 (1957).

1965Everett v. Phillips Petroleum Company, 218 La. 835 , 51 So.2d 87 (1950), and cases cited therein; Smith v. Holt, 223 La. 821 , 67 So.2d 93 (1953); Delatte v. Woods, 232 La. 341 , 94 So.2d 281 (1957).

2007As to the substantive claims concerning introduction of the evidence, the court focused on the portion of the confession in which defendant claimed that he killed the victim after she confronted him and relied in part on State v. Kahey, 436 So.2d 475 (La.1983) to rule as follows: Since the defendant intimates that he only hit and cut Mrs. Philippe after she attacked him he places his "intent to kill or inflict great bodily harm at issue." The evidence of the other crimes tends to shed the light on the doctrine of chances and repetition of instances on whether or not his actions as to Mrs. Phil

2004He cites several additional cases, including State v. Collier, 553 So.2d 815 (La.1989); however, in that case, the trial judge considering Batson objections stated that the defendant "would not have a jury of his peers if the racial composition of the petit jury was disproportionate to the racial composition of the parish." Id., 553 So.2d at 821 .

2004He cites several additional cases, including State v. Collier, 553 So.2d 815 (La.1989); however, in that case, the trial judge considering Batson objections stated that the defendant "would not have a jury of his peers if the racial composition of the petit jury was disproportionate to the racial composition of the parish." Id., 553 So.2d at 821 .

2003Joseph v. Entergy, 2000-2213 (La.App. 4 Cir. 2/13/02) , 811 So.2d 54 , writ denied, XXXX-XXXX (La.5/10/02), 815 So.2d 846 .

2002In Loescher v. Parr, 324 So.2d 441 , 451 n. 7 (La.1975), the Supreme Court defined article 2317 "custody": The things in one's care are those things to which one bears such a relationship as to have the right of direction and control over them, and to draw some kind of benefit from them.

1997After a hearing on December 1, 1994, the Trial Court denied the motion to quash the multiple bill, and finally on February 1, 1995, Langlois was resentenced as a fourth offender. [3] There is no indication of any action on the first degree murder charge against Langlois. [4] The Trial Court specifically stated that the delay was not untimely in the light of the factors set out in Barker v. Wingo, 407 U.S. 514, 530 , 92 S.Ct. 2182, 2192 , 33 L.Ed.2d 101 (1972).

1997After a hearing on December 1, 1994, the Trial Court denied the motion to quash the multiple bill, and finally on February 1, 1995, Langlois was resentenced as a fourth offender. [3] There is no indication of any action on the first degree murder charge against Langlois. [4] The Trial Court specifically stated that the delay was not untimely in the light of the factors set out in Barker v. Wingo, 407 U.S. 514, 530 , 92 S.Ct. 2182, 2192 , 33 L.Ed.2d 101 (1972).

1989State v. Ortego, 382 So.2d 921 (La.1980), cert. den., 449 U.S. 848 , 101 S.Ct. 135 , 66 L.Ed.2d 58 (1980).

1989State v. Ortego, 382 So.2d 921 (La.1980), cert. den., 449 U.S. 848 , 101 S.Ct. 135 , 66 L.Ed.2d 58 (1980).

1989State v. Ortego, 382 So.2d 921 (La.1980), cert. den., 449 U.S. 848 , 101 S.Ct. 135 , 66 L.Ed.2d 58 (1980).

1989State v. Ortego, 382 So.2d 921 (La.1980), cert. den., 449 U.S. 848 , 101 S.Ct. 135 , 66 L.Ed.2d 58 (1980).

1985In Day v. Campbell-Grosjean Roofing and Sheet Metal Corp., 260 La. 325 , 256 So.2d 105 (1971), the Supreme Court stated the law of the case principle and its application as follows: With regard to an appellate court, the ‘law of the case’ refers to a policy by which the court will not, on a subsequent appeal, reconsider prior rulings in the same case.

1985In Day v. Campbell-Grosjean Roofing and Sheet Metal Corp., 260 La. 325 , 256 So.2d 105 (1971), the Supreme Court stated the law of the case principle and its application as follows: With regard to an appellate court, the ‘law of the case’ refers to a policy by which the court will not, on a subsequent appeal, reconsider prior rulings in the same case.

1984The judgment of the Court of Appeal is set aside, and the case is remanded to the Court of Appeal for reconsideration in the light of the standard of review enunciated in Walters v. Department of Police 454 So.2d 106 (La.1984).

1984In so doing, the evidence must be weighed in the light of the factors indicating reliability as set forth in Manson v. Brathwaite, 432 U.S. 98 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 (1979) and restated in State v. Clark, 437 So.2d 879 (La.App. 2nd Cir.1983), writ denied, 442 So.2d 460 (1983), where the court held that an identification procedure is reliable if the following factors are met: 1) the opportunity of the witness to view the criminal at the time of the crime; 2) the witness' degree of attention; 3) the accuracy of the witness' prior description of the criminal; 4) the witness' degree of c

1984In so doing, the evidence must be weighed in the light of the factors indicating reliability as set forth in Manson v. Brathwaite, 432 U.S. 98 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 (1979) and restated in State v. Clark, 437 So.2d 879 (La.App. 2nd Cir.1983), writ denied, 442 So.2d 460 (1983), where the court held that an identification procedure is reliable if the following factors are met: 1) the opportunity of the witness to view the criminal at the time of the crime; 2) the witness' degree of attention; 3) the accuracy of the witness' prior description of the criminal; 4) the witness' degree of c

1984In so doing, the evidence must be weighed in the light of the factors indicating reliability as set forth in Manson v. Brathwaite, 432 U.S. 98 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 (1979) and restated in State v. Clark, 437 So.2d 879 (La.App. 2nd Cir.1983), writ denied, 442 So.2d 460 (1983), where the court held that an identification procedure is reliable if the following factors are met: 1) the opportunity of the witness to view the criminal at the time of the crime; 2) the witness' degree of attention; 3) the accuracy of the witness' prior description of the criminal; 4) the witness' degree of c

1984In so doing, the evidence must be weighed in the light of the factors indicating reliability as set forth in Manson v. Brathwaite, 432 U.S. 98 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 (1979) and restated in State v. Clark, 437 So.2d 879 (La.App. 2nd Cir.1983), writ denied, 442 So.2d 460 (1983), where the court held that an identification procedure is reliable if the following factors are met: 1) the opportunity of the witness to view the criminal at the time of the crime; 2) the witness' degree of attention; 3) the accuracy of the witness' prior description of the criminal; 4) the witness' degree of c

1980Petrus, supra. Unless it is shown that the Board acted arbitrarily or discriminatorily so as to *414 abuse its discretion, the Board's judgment, even as to the severity of the discipline, will not be overturned.

1978Green v. State, Southwest Louisiana Charity Hospital, 309 So.2d 706 (La.App. 3rd Cir. 1975), writ refused, 313 So.2d 601 (La.); Wiley v. Travelers Insurance Co., 300 So.2d 555 (La.App. 3rd Cir. 1974), writ refused, 303 So.2d 187 (La.).

1978Green v. State, Southwest Louisiana Charity Hospital, 309 So.2d 706 (La.App. 3rd Cir. 1975), writ refused, 313 So.2d 601 (La.); Wiley v. Travelers Insurance Co., 300 So.2d 555 (La.App. 3rd Cir. 1974), writ refused, 303 So.2d 187 (La.).

1978Green v. State, Southwest Louisiana Charity Hospital, 309 So.2d 706 (La.App. 3rd Cir. 1975), writ refused, 313 So.2d 601 (La.); Wiley v. Travelers Insurance Co., 300 So.2d 555 (La.App. 3rd Cir. 1974), writ refused, 303 So.2d 187 (La.).

1978Green v. State, Southwest Louisiana Charity Hospital, 309 So.2d 706 (La.App. 3rd Cir. 1975), writ refused, 313 So.2d 601 (La.); Wiley v. Travelers Insurance Co., 300 So.2d 555 (La.App. 3rd Cir. 1974), writ refused, 303 So.2d 187 (La.).

1977If the evidence, so considered, measures up to the New York Times standard, the case is one for the jury, and it is error to grant a directed verdict, as the trial judge did in this case." We also find the language of Whitaker v. Coleman, 115 F.2d 305 (C.A. 5 1940), particularly applicable to a case of this nature: "Summary judgment procedure is not a catch penny contrivance to take unwary litigants into its toils and deprive them of a trial, it is a liberal measure, liberally designed for arriving at the truth.

1976Other substantial issue An additional contention is made that the defendant has been denied his constitutional right to represent himself, Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975) (overruling State v. Frizzell, 273 So.2d 831 (La.1973), despite his consistent requests to do so.

1976Oil Field Supply & Scrap Material Co. v. Gifford Hill & Co., 204 La. 929 , 16 So.2d 483 ; J.

1976Oil Field Supply & Scrap Material Co. v. Gifford Hill & Co., 204 La. 929 , 16 So.2d 483 ; J.

1976Other substantial issue An additional contention is made that the defendant has been denied his constitutional right to represent himself, Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975) (overruling State v. Frizzell, 273 So.2d 831 (La.1973), despite his consistent requests to do so.

1976Other substantial issue An additional contention is made that the defendant has been denied his constitutional right to represent himself, Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975) (overruling State v. Frizzell, 273 So.2d 831 (La.1973), despite his consistent requests to do so.

1973The contention of defendant should also be considered in the light of the principle as set forth in Babineaux v. Southeastern Drilling Corporation, et al., 170 So.2d 518 (La.App. 3 Cir. 1965), cert. den., 247 La. 613 , 172 So.2d 700 .

1973The contention of defendant should also be considered in the light of the principle as set forth in Babineaux v. Southeastern Drilling Corporation, et al., 170 So.2d 518 (La.App. 3 Cir. 1965), cert. den., 247 La. 613 , 172 So.2d 700 .

1970Gaspard v. LeMaire, 245 La. 239 , 158 So. 2d 149 .

1970Gaspard v. LeMaire, 245 La. 239 , 158 So. 2d 149 .