Opinion
NO. 2015 KW 1713
02-10-2016
STATE OF LOUISIANA v. BOBBY KIMBLE
In Re: Bobby Kimble, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 06-06-0190. BEFORE: McDONALD, McCLENDON, AND THERIOT, JJ.
WRIT DENIED. A motion to quash may be filed of right at any time before commencement of the trial when based on the ground that the time limitation for commencement of trial has expired. See La. Code Crim. P. art. 535(B). The grounds for a motion to quash under La. Code Crim. P. art. 535(B) are waived unless a motion to quash is filed in conformity with those provisions. See La. Code Crim. P. art. 535(D); State v. Garbo, 442 So.2d 685, 687 (La. App. 1st Cir. 1983). Furthermore, the mere filing of a motion to recuse does not compel a judge to act on that motion. Only when there is a valid ground for recusation in the motion is a judge obliged to act. See State v. Maten, 2004-1718 (La. App. 1st Cir. 3/24/05), 899 So.2d 711, 720, writ denied, 2005-1570 (La. 1/27/06), 922 So.2d 544.
MRT
JMM
PMc
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT