STATE OF LOUISIANA

STATE OF LOUISIANA NO. 2023 KW 0322 VERSUS

MATTHEW MIRE JULY 6, 2023

In Re: Matthew Mire, for 23rd applying supervisory writs, Judicial District Court, Parish of Ascension, Nos. 444951 44496.

BEFORE: LANIER, HESTER, AND MILLER, JJ.

WIL CHH

Miller, J. dissents and would grant the writ application.

Under the unique circumstances presented in this first degree murder prosecution, I would grant the motion to recuse the trial judge. The judge' s brother is a detective with the Ascension Parish Sheriff' s Office and is a link in the chain of custody for evidence that the state intends to present at trial, as he logged in and transported evidence for testing related to this case. Thus, based on an objective evaluation of the totality of the circumstances, I find the forth criteria set in Louisiana Code of Criminal Procedure article 671( 8) are met. See State v. Spicer, 2023- 00570 ( La. 6/ 26/ 23), So. 3d f 2023 WL 4199303 per curiam).