2023KW0322 Nonprecedential Processed

State Of Louisiana v. Matthew Mire

Louisiana Court of Appeal, First Circuit · Filed July 6, 2023

Opinion text

STATE OF LOUISIANA

STATE OF LOUISIANA NO. 2023 KW 0322

VERSUS

MATTHEW MIRE
JULY 6, 2023

In Re: Matthew Mire, for 23rd
applying supervisory writs,

Judicial District Court, Parish of Ascension, Nos.
444951 44496.

BEFORE: LANIER, HESTER, AND MILLER, JJ.

WIL
CHH

Miller, J. dissents and would grant the writ application.
Under the unique circumstances presented in this first degree
murder prosecution,
I would grant the motion to recuse the trial
judge. 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. Thus,
based on an objective evaluation of the totality of
the circumstances, I find the forth
criteria set in Louisiana
Code of Criminal Procedure article 671( 8) are met. See State v.
Spicer, 2023- 00570 ( La. 6/ 26/ 23), So. 3d f 2023 WL 4199303
per curiam).