State Of Louisiana v. Mark E. Spicer, Jr.

Supreme Court of Louisiana
June 26, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
MARK E.
SPICER, JR.
No. 2023-KK-00593
_ _
_ _ _ _
I
N RE: Mark E. Spicer, Jr. - Applicant Defendant; Applying For Supervisory Writ,
Parish of St. Tammany, 22nd Judicial District Court Number(s) 3932-F-2019, Court
of Appeal, First Circuit, Number(s) 2023 KW 0146;
_ _ _ _ _ _
June 26, 2023
Writ application granted. See per curiam.
Weimer, C.J., would grant for reasons assigned by Chief Judge John Michael
Guidry.
Genovese, J., would grant for reasons assigned by Chief Judge John Michael
Guidry.
C
rain, J., recused.
PDG
JDH
SJC
JBM
06/26/2023 "See News Release 030 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2023-KK-00593
STATE OF LOUISIANA
VS.
MARK E. SPICER, JR.
On Supervisory Writ to the 22nd Judicial District Court, Parish of St. Tammany
PER CURIAM
Writ granted. In State v. Spicer, 2023-0570 (La.), — So.3d —, this Court
reversed the trial court’s denial of the defendant’s motion to recuse Judge Lobello.
Under the unique circumstances presented in this first degree murder prosecution,
which seeks the death penalty, we reverse Judge Lobello’s denial of defendant’s
“Motion to Quash Aggravating Felony of ‘Assault By Drive-By Shooting’
Supporting Count I.” Without commenting on the merits of the motion, but acting
out of an abundance of caution in this capital murder prosecution , we remand this
matter to be reconsidered by the reassigned judge. This decision applies only to the
motion to quash described above.
REVERSED AND REMANDED.
06/26/23