2023-KK-00183 Precedential Reversed and remanded Processed

State Of Louisiana v. Jerman Neveaux

Louisiana Supreme Court · Filed March 28, 2023

Opinion text

Supreme Court of Louisiana
March 28, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
JERMAN NEVEAUX
No. 2023-KK-00183
_ _
_ _ _ _
IN RE: Jerman Neveaux - Applicant Defendant; Applying For Supervisory Writ,
Parish of Jefferson, 24th Judicial District Court Number(s) 16-4029, 16-6301, Court
of Appeal, Fifth Circuit, Number(s) 22-K-604;
_ _ _ _ _ _
March 28, 2023
Writ application granted. See per curiam.
Griffin, J., dissents.
G
enovese, J., dissents.
JLW
JDH
SJC
WJC
JBM
03/28/2023 "See News Release 016 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2023-KK-00183
STATE OF LOUISIANA
VS.
JERMAN NEVEAUX
On Supervisory Writ to the Twenty-Fourth Judicial
District Court, Parish of Jefferson
PER CURIAM.
Writ granted. Under the unique circumstances presented in this first degree murder
prosecution, which seeks the death penalty, we reverse the rulings of the lower
courts. The decedent was a Jefferson Parish Sheriff’s Officer. The district court
judge is married to a JPSO sergeant, who knew the decedent, and assisted in
directing the traffic at the scene of the alleged crime. The judge is uncertain, but
may have attended the decedent’s funeral. We find, based on an objective
evaluation, it can be reason ably and substantially expected the judge would be
unable to conduct the proceedings in a fair and impartial manner. Considering these
unique facts, the interests of justice and Code of Criminal Procedure art. 671(B)
require recusal. We remand for reallotment.
REVERSED AND REMANDED.
03/28/23