Hernandez v. State ex rel. Department of Transportation & Development

Supreme Court of Louisiana July 2, 1999

Hernandez v. State ex rel. Department of Transportation & Development, 747 So. 2d 4 (La. 1999)

1999 La. LEXIS 2051; 1999 WL 510937

Deny, Johnson, Kimball, Writ

Opinion of the Court

IN RE: Louisiana, State of; Department of Trans & Develop.; — Defendant(s); *5Applying for Supervisory and/or Remedial Writs; Parish of St. Bernard 34th Judicial District Court Div. “D” Number 80,896; to the Court of Appeal, Fourth Circuit, Number 99-C-1627

Granted. Judgment of the trial court denying the motion to recuse is reversed. The motion to recuse is granted. See La.Code Civ.P. art. 151B(5). A mistrial is declared pursuant to La. Civ. code art. 1631, and the case is remanded to the district court for re-allotment to another division of the court.

KIMBALL, J. not on panel. JOHNSON, J. would deny the writ.

Reference

Full Case Name: Vickie HERNANDEZ v. The STATE of Louisiana through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT
Status: Published