Opinion
24-KH-576
12-06-2024
JOHN WESLEY PATTON v. GARY WESCOTT, DPSC SECRETARY, WARDEN TRAVIS DAY, BB SIXTY RAYBURN CORRECTIONAL CENTER
IN RE JOHN WESLEY PATTON
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN C. GREFER, DIVISION "J", NUMBER 18-7474
Panel composed of Judges Marc E. Johnson, Scott U.Schlegel, and Timothy S. Marcel
WRIT GRANTED FOR LIMITED PURPOSE
Relator, John Wesley Patton, filed a writ of mandamus asking this Court to order the trial court to assign his motion to recuse to another court for hearing. Relator contends that he filed the motion to recuse in October 2024, along with a "shell application for post conviction relief."
Relator filed a prior motion to recuse the trial court on December 14, 2023, which the trial court denied. Relator then filed a writ application, and this Court denied the application. See State v. Patton, Case No. 24-KH-87 (La.App. 5 Cir. 3/1/24).
La. C.Cr.P. art. 674 provides the trial court with different options after a defendant files a motion to recuse, depending on whether the motion to recuse is timely or sets forth facts constituting a ground for recusal under Article 671:
B. If the motion to recuse sets forth facts constituting a ground for recusal under Article 671, not later than seven days after the judge's receipt of the motion from the clerk of court, the judge shall either recuse himself or refer the motion for hearing to another judge or to an ad hoc judge as provided in Article 675.
C. If the motion to recuse is not timely filed in accordance with Paragraph A of this Article or fails to set forth facts constituting a ground for recusal under Article 671, the judge may deny the motion without referring the motion to another judge or to an ad hoc judge for hearing but shall provide written reasons for the denial.
It appears from relator's writ for mandamus that that the trial court has not yet acted on the motion to recuse. Therefore, we grant relator mandamus relief for the limited purpose of directing the trial court to act on relator's motion to recuse, if it has not already done so, within five days of this disposition. The trial court should also furnish relator and this Court with a copy of the action taken on the motion to recuse.
Gretna, Louisiana, this 6th day of December, 2024.
SUS
MEJ
TSM