Opinion
NO. 2017 KW 0370
05-19-2017
STATE OF LOUISIANA v. CALEB LEJEUNE
In Re: State of Louisiana, applying for supervisory writs, 21st Judicial District Court, Parish of Livingston, No. 31351. BEFORE: HIGGINBOTHAM, THERIOT, AND CHUTZ, JJ.
WRIT GRANTED. The state's writ application is granted for the sole purpose of transferring the instant case to Division F, Judge Elizabeth P. Wolfe, to whom the matter was originally allotted. Although Judge Wolfe recused herself from the matter solely due to familial bias under La. Code Crim. P. art. 671(A)(2), once the cause of the bias was neutralized, and the judge's brother was no longer employed by the defendant, Judge Brenda Bedsole Ricks correctly transferred this matter back to Judge Wolfe, unless Judge Wolfe makes a new determination for her recusal in this matter and sets forth her reasons for such recusal in writing. See State v. Jacobs, 2009-1304 (La. 6/18/10), 37 So.3d 994 (per curiam) (on rehearing); State v. Wilson, 362 So.2d 536 (La. 1978). See also State v. Franks, 45-818 (La. App. 2d Cir. 11/3/10), 55 So.3d 34, writ denied, 2011-0107 (La. 11/18/11), 75 So.3d 451. Cf. State v. Clarke, 2003-0129 (La. App. 1st Cir. 9/26/03), 857 So.2d 599.
WRC
TMH
MRT
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT