State ex rel. McKenzie v. State

Supreme Court of Louisiana
State ex rel. McKenzie v. State, 750 So. 2d 973 (La. 1999)
1999 La. LEXIS 3124; 1999 WL 1038330
Victory

State ex rel. McKenzie v. State

Opinion of the Court

In re McKenzie, James; — Plaintiff; Applying for Supervisory and/or Remedial *974Writ, Parish of Washington, 22nd Judicial District Court Div. E, No. 80CRC35488.

Writ granted in part. This district court judge who denied relator’s application for post-conviction relief filed the state’s appellate brief in relator’s appeal in this Court almost twenty years ago. Accordingly, the judge should have recused himself from post-conviction relief proceedings. La.C.Cr.P. art. 671(A)(3); State ex rel. Truvia v. State, 96-1278 (La.2/6/98), 709 So.2d 723; State ex rel. Bright v. State, 96-2537 (La.10/31/97), 701 So.2d 1322. Therefore, the ruling on relator’s application for post-conviction relief is vacated and the case remanded to the district court for reassignment to another judge to rule on relator’s application.

VICTORY, J., not on panel.

Reference

Full Case Name
STATE ex rel. James McKENZIE v. STATE of Louisiana
Cited By
1 case
Status
Published