State Of Louisiana v. Gerald Parker

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