Supreme Court of Louisiana, 1978

State ex rel. Qualls v. Caldwell

State ex rel. Qualls v. Caldwell
Supreme Court of Louisiana · Decided September 11, 1978 · Summers
362 So. 2d 778; 1978 La. LEXIS 6696 (Southern Reporter, Second Series)

State ex rel. Qualls v. Caldwell

Opinion of the Court

In re: Cheryl Booker Qualls applying for supervisory writs and stay order. Parish of Jackson.

Granted and previous stay order vacated. The trial judge is ordered to grant a recess and refer the motion to recuse to another judge in accordance with C.Cr.P. 675.

Concurring Opinion

SUMMERS, J.,

agrees that the stay order previously issued should be vacated. Otherwise the trial should proceed. Applicant has an adequate remedy by appeal in the event of conviction. The motion to recuse has not been heard due to applicant’s fault.

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