STATE v. NEVEAUX (2023)

Writ application granted. See per curiam.

Writ granted. Under the unique circumstances presented in this first degree murder prosecution, which seeks the death penalty, we reverse the rulings of the lower courts. The decedent was a Jefferson Parish Sheriff's Officer. The district court judge is married to a JPSO sergeant, who knew the decedent, and assisted in directing the traffic at the scene of the alleged crime. The judge is uncertain, but may have attended the decedent's funeral. We find, based on an objective evaluation, 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.

Griffin, J., dissents. Genovese, J., dissents.