STATE OF LOUISIANA v. MARK SPICER JR (2023)

Writ application granted. See per curiam.

PDG

JLW

JDH

SJC

JTG

JBM

Crain, J., recused.

Supreme Court of Louisiana June 26, 2023

Writ granted. Under the unique circumstances presented in this first degree murder prosecution, which seeks the death penalty, we reverse the trial court's denial of defendant's motion to recuse Judge Lobello. The decedent was a Mandeville Police Officer. The judge attended the funeral of the decedent. The judge's former law partner represented the defendant's father in a case in which the defendant, Mark E. Spicer, Jr., was the alleged victim. An attorney who worked at the judge's former law office is the brother of a Mandeville Police Officer who provided first aid to one of the victims and participated in the collection of some of the evidence in this case. We find, 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, the interests of justice and Code of Criminal Procedure art. 671(B) require recusal. We remand for reallotment.

REVERSED AND REMANDED.

PER CURIAM