State Of Louisiana v. Damien Hall

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 0542 VERSUS

DAMIEN L. HALL JULY 19, 2021

In Re: Damien L. Hall, applying for writs, 23rd supervisory Judicial District Court, Parish of Ascension, No. 42, 064.

BEFORE: WHIPPLE, C. J., WELCH AND WOLFE, JJ.

WRIT GRANTED. We find merit in counsel' s claim that the motion to recuse the trial judge contained a valid ground for recusal. Therefore, the trial judge erred by not referring the motion to another judge for consideration. See La. Code Crim. P. arts. 671 & 674. See also State v. Frith, 2017- 1004 ( La. App. 3d Cir. 4/ 11/ 18), 243 So. 3d 633. Accordingly, the ruling denying the motion to recuse the judge is vacated, and this case is remanded to the district court for the clerk of court to randomly allot the motion to recuse pursuant to La. Code Crim. P. art. 675( B).

VGW

JEW

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COURT OF APPEAL, FIRST CIRCUIT

NDEPUOTYLERK FOR THE

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COURT