Opinion
No. 96-KH-2537
October 31, 1997
IN RE: Bright, Gregory; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs; Parish of Orleans Criminal District Court Div. "B" Number 252-514
Granted. See per curiam.
JPV
PFC
WFM
HTL
BJJ
CDT
JTK
KIMBALL, J. not on panel.
ON APPLICATION FOR WRIT OF CERTIORARI TO THE SUPREME COURT, STATE OF LOUISIANA
Writ granted. The district court judge who denied relator's petition for post-conviction relief prosecuted relator for the instant crime over twenty years ago. Although this appears to have been inadvertent, he should have been recused from the post-conviction relief proceeding. La. Code Crim.P. art. 671 (3). Therefore, the trial court's ruling on the relator's application for post-conviction relief is vacated. This case is remanded to the district court for reassignment to another judge to rule on relator's application for post-conviction relief.