No. 99-KH-1657 Precedential Processed

State ex rel. McKenzie v. State

Louisiana Supreme Court · Filed November 5, 1999 · 750 So. 2d 973

Cited by

Authorities cited

Identified automatically; this list may not be exhaustive.

Opinion text

In re McKenzie, James; — Plaintiff; Applying for Supervisory and/or Remedial *974 Writ, Parish of Washington, 22nd Judicial District Court Div. E, No. 80CRC35488. Writ granted in part. This district court judge who denied relator’s application for post-conviction relief filed the state’s appellate brief in relator’s appeal in this Court almost twenty years ago. Accordingly, the judge should have recused himself from post-conviction relief proceedings. La.C.Cr.P. art. 671(A)(3); State ex rel. Truvia v. State, 96-1278 (La.2/6/98), 709 So.2d 723 ; State ex rel. Bright v. State, 96-2537 (La.10/31/97), 701 So.2d 1322 . Therefore, the ruling on relator’s application for post-conviction relief is vacated and the case remanded to the district court for reassignment to another judge to rule on relator’s application. VICTORY, J., not on panel.