proceedings claim in Louisiana

2023Id. (citing Campo v. Correa, 2001-2707, p. 7 (La. 6/21/02), 828 So.2d 502, 508 ; Williams v. Sewerage & Water Bd. of New Orleans, 611 So.2d 1383, 1386 (La. 1993)).

2023Id. (citing Campo v. Correa, 2001-2707, p. 7 (La. 6/21/02), 828 So.2d 502, 508 ; Williams v. Sewerage & Water Bd. of New Orleans, 611 So.2d 1383, 1386 (La.1993)).

2023Id. (citing Campo v. Correa, 2001-2707, p. 7 (La. 6/21/02), 828 So.2d 502, 508 ; Williams v. Sewerage & Water Bd. of New Orleans, 611 So.2d 1383, 1386 (La. 1993)).

2023Id. (citing Campo v. Correa, 2001-2707, p. 7 (La. 6/21/02), 828 So.2d 502, 508 ; Williams v. Sewerage & Water Bd. of New Orleans, 611 So.2d 1383, 1386 (La.1993)).

2012Thus, in Batiste , we overturned the trial court’s grant of a motion to quash because the record gave “no indication that the district attorney was flaunting his authority at the expense of the defendant. ... the record indicates a nolle prosequi was entered because the victim was not present for trial and was wavering in her commitment to going forward with the case.” Batiste , 05-1571 at 5-6, 939 So.2d at 1249 .

2011Thus, in Batiste , we overturned the trial court’s grant of a motion to quash because the record gave “no indication that the district attorney was flaunting his authority at the expense of the defendant .... the record indicates a nolle prosequi was entered because the victim was not present for trial and was wavering in her commitment to going forward with the case.” Batiste , 05-1571 at 5-6, 939 So.2d at 1249 .

2012King, 10-2638 at p. 6, 60 So.3d at 619 .

2012Id., 2010-2638 at 6, 60 So.3d at 619 .

2024Id.

2013In State v. Deruise, 98-541 (La.4/3/01), 802 So.2d 1224 , cert. denied, 534 U.S. 926 , 122 S.Ct. 283 , 151 L.Ed.2d 208 (2001), the defendant argued the appellate record was insufficient to enable the court and appellate counsel to review the proceedings for error.

2013In State v. Deruise, 98-541 (La.4/3/01), 802 So.2d 1224 , cert. denied, 534 U.S. 926 , 122 S.Ct. 283 , 151 L.Ed.2d 208 (2001), the defendant argued the appellate record was insufficient to enable the court and appellate counsel to review the proceedings for error.

2013In State v. Deruise, 98-541 (La.4/3/01), 802 So.2d 1224 , cert. denied, 534 U.S. 926 , 122 S.Ct. 283 , 151 L.Ed.2d 208 (2001), the defendant argued the appellate record was insufficient to enable the court and appellate counsel to review the proceedings for error.

2012Id., 2010-2638 at 6, 60 So.3d at 619 .

1995In addition to the provisions of R.S. 46:2364 , we find in State v. Barber , 617 So.2d 974 (La.App. 1993), that the court noted that R.S. 15:270 provides, "(A) In all criminal prosecutions where the accused is deaf or severely hearing-impaired, he shall have the proceedings of the trial interpreted to him.* * *(B) Interpreters appointed * * * shall receive for their services an amount to be fixed by the judge presiding." With reliance upon R.S. 15:270 , the court found in all criminal prosecutions where the accused is hearing-impaired he shall have a qualified interpreter appointed by the cour

1980The supreme court rejected plaintiff's contention that defense counsel's out-of-court agreement to stay the court proceedings was a waiver of the right to plead abandonment based upon a historical review of the provisions of LSA-C.C. art. 3519 and LSA-C.C.P. art. 561, the court concluding that one of the purposes of the provision in LSA-C.C.P. art. 561 "to take any step in its prosecution or defense " was to limit the earlier jurisprudential rules on waiver "to those instances where defendant had taken some formal step in the defense of the suit within the five-year period of plaintiff's inact

1980The supreme court rejected plaintiff's contention that defense counsel's out-of-court agreement to stay the court proceedings was a waiver of the right to plead abandonment based upon a historical review of the provisions of LSA-C.C. art. 3519 and LSA-C.C.P. art. 561, the court concluding that one of the purposes of the provision in LSA-C.C.P. art. 561 "to take any step in its prosecution or defense " was to limit the earlier jurisprudential rules on waiver "to those instances where defendant had taken some formal step in the defense of the suit within the five-year period of plaintiff's inact

1968Claflin Co. v. Feibelman, 44 La.Ann. 518 , 10 So. 862 , 1892." From the foregoing it is clear that in determining the scope of and the stage of the proceedings when such an exception may be filed, the determining factor is whether the obligation is presently existent but not yet enforceable, or whether the obligation itself does not exist because of the nonfulfillment of a stated suspensive condition indispensable to its creation.

1911The proceedings by rule in this case is on all fours with the proceedings in Gonsoulin v. Decuir, 121 La. 611 , 46 South. 668 , in which ballot boxes were opened and examined before suit.

1911The proceedings by rule in this case is on all fours with the proceedings in Gonsoulin v. Decuir, 121 La. 611 , 46 South. 668 , in which ballot boxes were opened and examined before suit.