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HALL, J., concurs. At the hearing on the motion for new trial, it may be that any relevant and material facts can be developed on the record without the judge being called as a witness. If it becomes necessary for the judge to testify, a decision the judge should make, then the judge should recuse herself from presiding over the hearing. LSA-C.C.P. Art. 151; LSA-C.E. art. 605. See State v. Wille, 595 So.2d 1149, 1154-1156 (La.1992).
DENNIS, J., joins in the concurrence by HALL, J.
Document Info
Docket Number: No. 92-CC-1834
Judges: Dennis, Hall, Lemmon
Filed Date: 10/9/1992
Precedential Status: Precedential
Modified Date: 10/18/2024