Summary
In State v. Spicer, 2023-0570 (La.), 363 So.3d 1222, this Court reversed the trial court's denial of the defendant's motion to recuse Judge Lobello.
Summary of this case from State v. SpicerOpinion
No. 2023-KK-00570
06-26-2023
STATE of Louisiana v. Mark E. SPICER, Jr.
Writ application granted. See per curiam.
Crain, J., recused.
PER CURIAM
Writ granted. Under the unique circumstances presented in this first degree murder prosecution, which seeks the death penalty, we reverse the trial court's denial of defendant's motion to recuse Judge Lobello. The decedent was a Mandeville Police Officer. The judge attended the funeral of the decedent. The judge's former law partner represented the defendant's father in a case in which the defendant, Mark E. Spicer, Jr., was the alleged victim. An attorney who worked at the judge's former law office is the brother of a Mandeville Police Officer who provided first aid to one of the victims and participated in the collection of some of the evidence in this case. We find, based on an objective evaluation of the totality of these circumstances, it can be reasonably and substantially expected the judge would be unable to conduct the proceedings in a fair and impartial manner. Considering these unique facts, the interests of justice and Code of Criminal Procedure art. 671(B) require recusal. We remand for reallotment.