STATE OF LOUISIANA v. MARK SPICER JR (2023)

Writ application granted. See per curiam.

PDG

JDH

SJC

JBM

Weimer, C.J., would grant for reasons assigned by Chief Judge John Michael Guidry.

Genovese, J., would grant for reasons assigned by Chief Judge John Michael Guidry.

Crain, J., recused.

Supreme Court of Louisiana June 26, 2023

Writ granted. In State v. Spicer, 2023-0570 (La.), — So.3d —, this Court reversed the trial court's denial of the defendant's motion to recuse Judge Lobello. Under the unique circumstances presented in this first degree murder prosecution, which seeks the death penalty, we reverse Judge Lobello's denial of defendant's “Motion to Quash Aggravating Felony of ‘Assault By Drive-By Shooting’ Supporting Count I.” Without commenting on the merits of the motion, but acting out of an abundance of caution in this capital murder prosecution, we remand this matter to be reconsidered by the reassigned judge. This decision applies only to the motion to quash described above.

REVERSED AND REMANDED.

PER CURIAM