State ex rel. McKenzie v. State

Supreme Court of Louisiana

State ex rel. McKenzie v. State

750 So. 2d 973, 1999 La. LEXIS 3124, 1999 WL 1038330

CourtSupreme Court of Louisiana

DecidedNovember 5, 1999

DocketNo. 99-KH-1657

StatusPublished

Cited by1 cases

This text of 750 So. 2d 973 (State ex rel. McKenzie v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. McKenzie v. State, 750 So. 2d 973, 1999 La. LEXIS 3124, 1999 WL 1038330 (La. 1999).

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Opinion

In re McKenzie, James; — Plaintiff; Applying for Supervisory and/or Remedial [974]*974Writ, 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.

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In re McKenzie, James; — Plaintiff; Applying for Supervisory and/or Remedial [974]*974Writ, 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.

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Bluebook (online)

750 So. 2d 973, 1999 La. LEXIS 3124, 1999 WL 1038330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-mckenzie-v-state-la-1999.

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