State Of Louisiana v. Charles Carter

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 1081

VERSUS

CHARLES CARTER NOVEMBER 29, 2021

In Re: Charles Carter, applying for supervisory writs, 18th Judicial District Court, Parish of Pointe Coupee, No.

59370- F.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

WRIT GRANTED. The district court' s ruling denying relator' s application for postconviction relief is vacated. The

partial record before us reflects that on February 18, 2021, the district court judge signed a recusal order wherein he requested this matter be allotted to another division. Another judge

subsequently acted on several motions filed in the case.

However, on July 15, 2021, the judge who signed the recusal

order signed an order dismissing the application for postconviction relief. If a trial judge recuses himself from a case, the trial judge may not take any further action in that case. State v. Clarke, 2003- 0129 ( La. App. lst Cir. 9/ 26/ 03), 857 So. 2d 599, 602. Therefore, this matter is remanded to the district court for the replacement judge to consider the application for postconviction relief.

JMG GH WRC

COURT OF APPEAL, FIRST CIRCUIT

DEPU Y C ERK OF COURT FOR THE COURT