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