Laurent v. Prevost

Supreme Court of Louisiana

Laurent v. Prevost

253 So. 3d 1274

CourtSupreme Court of Louisiana

DecidedOctober 8, 2018

DocketNo. 2018-CJ-1356

StatusPublished

This text of 253 So. 3d 1274 (Laurent v. Prevost) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Laurent v. Prevost, 253 So. 3d 1274 (La. 2018).

Pincite

Opinion

WEIMER, J., would grant.

HUGHES, J., would grant.

CRICHTON, J., additionally concurs and assigns reasons.

This court has repeatedly held that the trial court's factual conclusions are entitled to great deference. As Associate Justice Knoll aptly articulated in In re A.J.F. , 00-0948, p.26 (La. 6/30/00), 764 So.2d 47, 62 : "In manifest error review, it is important that the appellate court not substitute its opinion when it is the [trial] court who is in the unique position to see and hear the witnesses as they testify. The trier of fact is not disadvantaged by the review of a cold record and is in a superior position to observe the nuances of demeanor evidence not revealed in a record." Given the standard of review in this case, I agree with the decision to deny this writ.

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WEIMER, J., would grant.

HUGHES, J., would grant.

CRICHTON, J., additionally concurs and assigns reasons.

This court has repeatedly held that the trial court's factual conclusions are entitled to great deference. As Associate Justice Knoll aptly articulated in In re A.J.F. , 00-0948, p.26 (La. 6/30/00), 764 So.2d 47, 62 : "In manifest error review, it is important that the appellate court not substitute its opinion when it is the [trial] court who is in the unique position to see and hear the witnesses as they testify. The trier of fact is not disadvantaged by the review of a cold record and is in a superior position to observe the nuances of demeanor evidence not revealed in a record." Given the standard of review in this case, I agree with the decision to deny this writ.

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Bluebook (online)

253 So. 3d 1274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laurent-v-prevost-la-2018.