STATE OF LOUISIANA v. MATTHEW MIRE (2023)

Writ application granted. See per curiam.

JLW

SJC

WJC

JBM

PDG

Hughes, J., dissents for reasons assigned by the court of appeal.

Genovese, J., dissents for reasons assigned by the court of appeal.

Supreme Court of Louisiana December 05, 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 Stromberg. For the reasons assigned in Judge Miller's dissent, State v. Mire, 2023-322 (La. App. 1 Cir. 7/6/23) (unpub'd, available at 2023 WL 4362898) (stating, “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.”), we find a substantial and objective basis for recusal which on its face may cause doubt as to neutrality. See La.C.Cr.P. art. 671(B). Out of an abundance of caution in this capital murder prosecution, and in the interest of justice and to safeguard public confidence in the judiciary, we therefore reverse and vacate the lower court judgments. We remand for reallotment.

REVERSED AND REMANDED

PER CURIAM