Supreme Court of Louisiana, 1975

State v. Matherne

State v. Matherne
Supreme Court of Louisiana · Decided October 8, 1975
319 So. 2d 445; 1975 La. LEXIS 4626 (Southern Reporter, Second Series)

State v. Matherne

Opinion of the Court

In re: Carrol Matherne and Kenneth Matherne, applying for supervisory writs and stay order.

Writ granted. The ruling of the trial court is reversed; the motion to recuse a District Attorney, although covered by the Articles in the Code of Criminal Procedure, is an adversary proceeding — Code of Criminal Procedure, 681, and is not basically a criminal action, nor should it be governed exclusively by provisions of the Code of Criminal Procedure or Title 15 of Revised Statutes.

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