State ex rel. Truvia v. State

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

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.