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State v. Finister

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Mar 10, 2015
NO. 2015 KW 0097 (La. Ct. App. Mar. 10, 2015)

Opinion

NO. 2015 KW 0097

03-10-2015

STATE OF LOUISIANA v. CHRISTOPHER FINISTER


In Re: Christopher Finister, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 04-14-0382. BEFORE: GUIDRY, WELCH AND THERIOT, JJ.

WRIT DENIED. Judge White stated in the recusal order that she believes that she is "unable to conduct a fair and impartial trial." Her statement is a sufficient basis for recusal under La. Code Crim. P. art. 671(A) (6), which permits a judge to recuse herself because she would be unable, for any reason, to conduct a fair and impartial trial. Furthermore, the district court record reflects that the case was reallotted to Section V, Judge Daniel's court, on November 18, 2014, and Judge Daniel has already taken steps to move the case forward.

MRT

JMG

Welch J., dissents. I find that Judge White abused her discretion when she recused herself from the instant case. Thus, I would grant the writ application and remand the matter to the district court with an order that the case be reallotted to Judge White's court. COURT OF APPEAL, FIRST CIRCUIT /s/_________

DEPUTY CLERK OF COURT

FOR THE COURT


Summaries of

State v. Finister

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Mar 10, 2015
NO. 2015 KW 0097 (La. Ct. App. Mar. 10, 2015)
Case details for

State v. Finister

Case Details

Full title:STATE OF LOUISIANA v. CHRISTOPHER FINISTER

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Mar 10, 2015

Citations

NO. 2015 KW 0097 (La. Ct. App. Mar. 10, 2015)