State ex rel. Truvia v. State

Supreme Court of Louisiana

State ex rel. Truvia v. State

709 So. 2d 723, 1998 La. LEXIS 260, 1998 WL 51785

CourtSupreme Court of Louisiana

DecidedFebruary 6, 1998

DocketNo. 96-KH-1278

StatusPublished

Cited by2 cases

This text of 709 So. 2d 723 (State ex rel. Truvia 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. Truvia v. State, 709 So. 2d 723, 1998 La. LEXIS 260, 1998 WL 51785 (La. 1998).

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Opinion

In Re Earl Truvia applying for reconsideration to this Court’s denial dated October 10, 1997, from the Criminal District Court, Parish of Orleans, Div. “B” No. 252-514B.

Reconsideration granted. The district court judge who denied relator’s petition for post-conviction relief prosecuted relator for the instant crime over twenty years ago. Although this appears to have been inadvertent, he should have been recused from the post-conviction relief proceeding. La.C.Cr.P. art. 671(A)(3). Therefore, the trial court’s ruling on the relator’s application for post-conviction relief is vacated. This case is remanded to the district court for reassignment to another judge to rule on relator’s application for post-conviction relief.

VICTORY, J., not on panel.

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In Re Earl Truvia applying for reconsideration to this Court’s denial dated October 10, 1997, from the Criminal District Court, Parish of Orleans, Div. “B” No. 252-514B.

Reconsideration granted. The district court judge who denied relator’s petition for post-conviction relief prosecuted relator for the instant crime over twenty years ago. Although this appears to have been inadvertent, he should have been recused from the post-conviction relief proceeding. La.C.Cr.P. art. 671(A)(3). Therefore, the trial court’s ruling on the relator’s application for post-conviction relief is vacated. This case is remanded to the district court for reassignment to another judge to rule on relator’s application for post-conviction relief.

VICTORY, J., not on panel.

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Bluebook (online)

709 So. 2d 723, 1998 La. LEXIS 260, 1998 WL 51785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-truvia-v-state-la-1998.

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