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State ex rel. McKenzie v. State
750 So. 2d 973
La.
1999
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In re McKenzie, James; — Plaintiff; Applying for Supervisory and/or Remedial *974Writ, Parish of Washington, 22nd Judicial District Court Div. E, No. 80CRC35488.

Writ granted in part. This 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 723; 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.

VICTORY, J., not on panel.

Case Details

Case Name: State ex rel. McKenzie v. State
Court Name: Supreme Court of Louisiana
Date Published: Nov 5, 1999
Citation: 750 So. 2d 973
Docket Number: No. 99-KH-1657
Court Abbreviation: La.
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