State Of Louisiana v. Damien Hall

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 0542

VERSUS

DAMIEN L. HALL JULY 19, 2021

In Re: Damien L. Hall, applying for writs, 23rd
supervisory
Judicial District Court, Parish of Ascension, No.
42, 064.

BEFORE: WHIPPLE, C. J., WELCH AND WOLFE, JJ.

WRIT GRANTED. We find merit in counsel' s claim that the
motion to recuse the trial judge contained a valid ground for
recusal. Therefore, the trial judge erred by not referring the
motion to another judge for consideration. See La. Code Crim.
P. arts. 671 & 674. See also State v. Frith, 2017- 1004 ( La.
App. 3d Cir. 4/ 11/ 18), 243 So. 3d 633. Accordingly, the ruling
denying the motion to recuse the judge is vacated, and this case
is remanded to the district court for the clerk of court to
randomly allot the motion to recuse pursuant to La. Code Crim.
P. art. 675( B).

VGW
JEW
EW

COURT OF APPEAL, FIRST CIRCUIT

NDEPUOTYLERK FOR THE
OF
COURT
COURT