Opinion
NO. 2018 KW 1362
02-08-2019
STATE OF LOUISIANA v. JEREMY JONES
In Re: State of Louisiana, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 1703035. BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.
WRIT GRANTED. The district court's ruling granting the defendant's motion to recuse is reversed, and the matter is remanded to the district court for further proceedings. In the instant matter, the defendant failed to meet its burden of showing by a preponderance of the evidence that the district attorney has a personal interest in conflict with the fair and impartial administration of justice. See La. Code Crim. P. art. 680. An appearance of bias and prejudice is not sufficient to warrant the granting of a motion to recuse. In order to show that a district attorney should be recused from a case, the defendant has to prove that he was treated differently in the management of his case. See State v. Battaglia, 2017-1451 (La. 2/14/18), ___ So.3d ___, 2018 WL 851274 (per curiam). Moreover, the recusal of an assistant district attorney does not require the recusal of the district attorney or his/her other assistants. State v. Edwards, 420 So.2d 663, 673 (La. 1982).
VGW
PMc
TMH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT