42553 Precedential Processed

State v. Marcotte

Louisiana Supreme Court · Filed January 16, 1956 · 86 So. 2d 186

Cited by

State v. Roussel 266 So. 3d 605 La. Ct. App. 1st Cir. 2019
State of Louisiana v. Jessie M. Griffin, II 180 So. 3d 1262 La. 2015
State v. Bailey 969 So. 2d 610 La. 2007
State v. King 956 So. 2d 562 La. 2007
Plaquemines Parish Com'n Council v. Perez 379 So. 2d 1373 La. 1980
State v. Snyder 237 So. 2d 392 La. 1970
State v. Anderson 229 So. 2d 329 La. 1969
State v. Fitzgerald 179 So. 2d 906 La. 1965
State v. Cox 167 So. 2d 352 La. 1964

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Boasberg 124 La. 289
State v. Tate 185 La. 1006

Opinion text

*549 HAWTHORNE, Justice (dissenting). The causes for recusation of a district attorney are set forth in Article 310 of the Code of Criminal Procedure, and it has been said by this court that a district attorney cannot recuse himself or be recused except for the causes provided by law. See State v. Boasberg, 124 La. 289 , 50 So. 162 . The allegations of defendant’s motion to recuse the district attorney in the instant case do not fall within any of the causes of recusation enumerated in Article 310, and consequently I think the trial judge was correct in overruling the motion to recuse. Furthermore, I do not subscribe to the holding of this court in State v. Tate, 185 La. 1006 , 171 So. 108 . I therefore respectfully dissent.