State Of Louisiana v. Calvin Williams

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2019 KW 0716 VERSUS

CALVIN WILLIAMS

FEB 10 2020 In Re: Calvin Williams, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 31028.

BEFORE: McCLENDON, WELCH, AND BURRIS,'- JJ.

WRIT GRANTED. Although we recognize a judge has full power and authority to act even though a grounds for recusation exists, see La. Code Crim. P. art. 673, under the circumstances of this case, the pro se petitioner was unaware of the fact that the judge at issue had been assigned to his case until the petitioner received the ruling denying his application for postconviction relief. Therefore, in the interest of fairness, we vacate the district the court' s ruling denying application for postconviction relief and remand this matter to the district court for further proceedings. See La. Code Crim. P. art. 671( A)( 3); State ex rel. McKenzie v. State, 99- 1657 ( La. 11/ 5/ 99), 750 So. 2d 973, 974 (" Tlai.s district court judge who denied relator' s application for post - conviction relief filed the state' s appella- e brief in rel.ator' s appeal in this court almost twenty years ago.... [ T] he judge should have recused himself from post - conviction relief proceedings."). See also State v. Connolly, 2006- 0540 ( La. 6/ 2/ 06), 930 So. 2d 951, 953- 54 Qper cu ri am) .

PMc

JEW

Burris, J. , concurs,

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY * RKOFCOURT

FOR THE COURT

Judge William J. Burris, retired, serving pro tempore by special appoin- meet of the Louisiana Supreme Ccurt.