State Of Louisiana v. Matthew Mire ( 2023 )

STATE OF LOUISIANA
STATE OF LOUISIANA NO. 2023 KW 0322
VERSUS
MATTHEW MIRE
JULY 6, 2023
In Re: Matthew Mire, for 23rd
applying supervisory writs,
Judicial District Court, Parish of Ascension, Nos.
444951 44496.
BEFORE: LANIER, HESTER, AND MILLER, JJ.
WIL
CHH
Miller, J. dissents and would grant the writ application.
Under the unique circumstances presented in this first degree
murder prosecution,
I would grant the motion to recuse the trial
judge. The judge' s brother is a detective with the Ascension
Parish Sheriff' s Office and is a link in the chain of
custody
for evidence that the state intends to present at trial, as he
logged in and transported evidence for testing related to this
case. Thus,
based on an objective evaluation of the totality of
the circumstances, I find the forth
criteria set in Louisiana
Code of Criminal Procedure article 671( 8) are met. See State v.
Spicer, 2023- 00570 ( La. 6/ 26/ 23), So. 3d f 2023 WL 4199303per curiam).