State Of Louisiana v. Calvin Williams ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2019 KW 0716
VERSUS
CALVIN WILLIAMS
FEB 10 2020
In Re: Calvin Williams, applying for supervisory writs, 23rd
Judicial District Court, Parish of Ascension, No.
31028.
BEFORE: McCLENDON, WELCH, AND BURRIS,'- JJ.
WRIT GRANTED. Although we recognize a judge has full power
and authority to act even though a grounds for recusation
exists, see La. Code Crim. P. art. 673, under the circumstances
of this case, the pro se petitioner was unaware of the fact that
the judge at issue had been assigned to his case until the
petitioner received the ruling denying his application for
postconviction relief. Therefore, in the interest of fairness,
we vacate the district the
court' s ruling denying application
for postconviction relief and remand this matter to the district
court for further proceedings. See La. Code Crim. P. art.
671( A)( 3); State ex rel. McKenzie v. State, 99- 1657 ( La.
11/ 5/ 99), 750 So. 2d 973, 974 (" Tlai.s district court judge who
denied relator' s application for post - conviction relief filed
the state' s appella- e brief in rel.ator' s appeal in this court
almost
twenty years ago.... [ T] he judge should have recused
himself from post - conviction relief proceedings."). See also
State v. Connolly, 2006- 0540 ( La. 6/ 2/ 06), 930 So. 2d 951, 953- 54
Qper cu ri am) .
PMc
JEW
Burris, J. , concurs,
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY * RKOFCOURT
FOR THE COURT
Judge William J. Burris, retired,
serving pro tempore by special appoin- meet
of the Louisiana Supreme Ccurt.