Supreme Court of Louisiana, 1999

State ex rel. McKenzie v. State

State ex rel. McKenzie v. State
Supreme Court of Louisiana · Decided November 5, 1999 · Victory
750 So. 2d 973; 1999 La. LEXIS 3124; 1999 WL 1038330 (Southern Reporter, Second Series)
State ex rel. McKenzie v. State

Cases that cite this one

1 later published case cites this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.