Opinion
No. 99-KH-1657
November 5, 1999
In re McKenzie, James; — Plaintiff; Applying for Supervisory and/or Remedial Writ, Parish of Washington, 22nd Judicial District Court Div. E, Nos. 80CRC35488;
Writ granted in part. The district court judge who denied relator's application for post-conviction relief filed the state's appellate brief in relator's appeal in this Court almost twenty years ago. Accordingly, the judge should have recused himself from post-conviction relief proceedings. La.C.Cr.P. art. 671 (A) (3); State ex rel. Truvia v. State, 96-1278 (La. 2/6/98), 709 So.2d 1273; State ex rel. Bright v. State, 96-2537 (La. 10/31/97), 701 So.2d 1322. Therefore, the ruling on relator's application for post-conviction relief is vacated and the case remanded to the district court for reassignment to another judge to rule on relator's application.
CDT
PFC
WFM
HTL
CDK
BJJ
JTK
VICTORY, J., not on panel.