State Of Louisiana v. Mark E. Spicer, Jr. ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2023 KW 0767
VERSUS
MARKE. SPICER, JR. SEPTEMBER 1, 2023
In Re: Mark E. Spicer, Jr. , applying for supervisory writs,
22nd Judicial District Court, Parish of St. Tammany,
No. 3932-F-2019.
BEFORE: GUIDRY, C.J., CHUTZ AND LANIER, JJ.
WRIT DENIED.
WRC
WIL
Guidry, C.J., dissents and I would grant the writ
application. Under the unique circumstances presented in this
first degree murder prosecution, which seeks the death penalty,
I would reverse the trial court's denial of defendant's motion
to recuse the Honorable Judge Ellen M. Creel. The decedent was
a Mandeville Police Officer. The judge's law clerk is a former
prosecutor with the St. Tammany Parish District Attorney's
Office. In that capacity, she amended the bill of information
for relator's father's 2016 domestic violence case, wherein
relator was the alleged victim. An officer who interacted with
the judge during her tenure as the City Attorney for
Franklinton, provided first aid to one of the victims and
collected the victim's body camera to be used as evidence in
this case. The former Chief of Police of the Mandeville Police
Department has made inflammatory comments about relator since
the incidents in question occurred, he endorsed the judge during
her 2020 judicial election campaign, and his endorsement was
featured in her campaign materials. I find that 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 and the interests of
justice, recusal is required. La. Code Crim. P. art. 671 ( B).
See State v. Spicer, 2023-00570 ( La. 6/26/23), 363 So. 3d 1222per curiam) .
COURT OF APPEAL, FIRST CIRCUIT
I.SJ
DEPUTY CLERK OF COURT
FOR THE COURT