State Of Louisiana v. Gerald Parker
This text of State Of Louisiana v. Gerald Parker (State Of Louisiana v. Gerald Parker) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STATE OF LOUISIANA NO. 2024 KW 0659
VERSUS
GERALD PARKER OCTOBER 7, 2024
In Re: Gerald Parker, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. DC - 06- 13- 0411.
BEFORE: WOLFE, MILLER, AND GREENE, JJ.
WRIT GRANTED. Although we recognize a judge has full power
and authority to act even though a ground for recusation exists, see La. Code Crim. P. art. 673, the judge who is currently presiding over this matter served as one of the assistant district attorneys in the matter prior to being elected judge. A judge must recuse himself from post -conviction proceedings from any case in which he actively participated in prosecuting the defendant. Therefore, in the interest of fairness, we vacate the district
court' s ruling denying the " Writ of Habeas Corpus Ad Testificandum" and remand this matter to the district court for further proceedings. See La. Code Crim. P. art. 671 ( A) ( 3) ; State v.
Connolly, 2006- 0540 ( La. 6/ 2/ 06), 930 So. 2d 951, 953- 54 ( per
curiam).
EW SMM HG
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