State Of Louisiana v. Matthew Mire

Supreme Court of Louisiana
December 05, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
MATTHEW MIRE
No. 2023-KK-01010
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I
N RE: Matthew Mire - Applicant Defendant; Applying For Supervisory Writ,
Parish of Ascension, 23rd Judicial District Court Number(s) 44495, 44496, Court of
Appeal, First Circuit, Number(s) 2023 KW 0322;
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December 05, 2023
Writ application granted. See per curiam.
Hughes, J., dissents for reasons assigned by the court of appeal.
Genovese, J., dissents for reasons assigned by the court of appeal.
JLW
SJC
WJC
JBM
PDG
12/05/2023 "See News Release 052 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2023-KK-01010
STATE OF LOUISIANA
VS.
MATTHEW MIRE
On Supervisory Writ to the 23rd Judicial District Court, Parish of Ascension
PER CURIAM
Writ granted. Under the unique circumstances presented in this first degree
murder prosecution, which seeks the death penalty, we reverse the trial court’s denial
of defendant’s motion to recuse Judge Stromberg. For the reasons assigned in Judge
Miller’s dissent, State v. Mire, 2023-322 (La. App. 1 Cir. 7/6/23) (unpub’d, available
at 2023 WL 4362898) (stating, “The judge’s brother is a detective with the Ascension
Parish Sheriff’s Office and is a link in the chain of custody for evidence that the state
intends to present at trial, as he logged in and transported evidence for testing related
to this case.”), we find a substantial and objective basis for recusal which on its face
may cause doubt as to neutrality. See La.C.Cr.P. art. 671(B). Out of an abundance of
caution in this capital murder prosecution, and i n the interest of justice and to
safeguard public confidence in the judiciary , we therefore reverse and vacate the
lower court judgments. We remand for reallotment.
REVERSED AND REMANDED
12/05/23