State Of Louisiana v. Calvin Williams

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2019 KW 0716

VERSUS

CALVIN WILLIAMS
FEB 10 2020

In Re: Calvin Williams, applying for supervisory writs, 23rd
Judicial District Court, Parish of Ascension, No.
31028.

BEFORE: McCLENDON, WELCH, AND BURRIS,'- JJ.

WRIT GRANTED. Although we recognize a judge has full power
and authority to act even though a grounds for recusation

exists, see La. Code Crim. P. art. 673, under the circumstances
of this case, the pro se petitioner was unaware of the fact that
the judge at issue had been assigned to his case until the
petitioner received the ruling denying his application for
postconviction relief. Therefore, in the interest of fairness,
we vacate the district the
court' s ruling denying application

for postconviction relief and remand this matter to the district
court for further proceedings. See La. Code Crim. P. art.

671( A)( 3); State ex rel. McKenzie v. State, 99- 1657 ( La.
11/ 5/ 99), 750 So. 2d 973, 974 (" Tlai.s district court judge who
denied relator' s application for post - conviction relief filed
the state' s appella- e brief in rel.ator' s appeal in this court

almost
twenty years ago.... [ T] he judge should have recused

himself from post - conviction relief proceedings."). See also
State v. Connolly, 2006- 0540 ( La. 6/ 2/ 06), 930 So. 2d 951, 953- 54
Qper cu ri am) .

PMc
JEW

Burris, J. , concurs,

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY * RKOFCOURT
FOR THE COURT

Judge William J. Burris, retired,
serving pro tempore by special appoin- meet
of the Louisiana Supreme Ccurt.