State v. Marcotte

Supreme Court of Louisiana

Decided January 16, 1956

Supreme Court of Louisiana · decided 1956-01-16

Relies on State v. Tate · State v. Boasberg

Good law ✅— No negative treatment on recordhow we know

Decided 1956-01-16

How this case has been cited

Cited by 23 later decisions — most recently March 2019

23 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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*549HAWTHORNE, Justice

¶1(dissenting).

¶2The causes for recusation of a district attorney are set forth in Article 310 of the Code of Criminal Procedure, and it has been said by this court that a district attorney cannot recuse himself or be recused except for the causes provided by law. See State v. Boasberg, 124 La. 289, 50 So. 162. The allegations of defendant’s motion to recuse the district attorney in the instant case do not fall within any of the causes of recusation enumerated in Article 310, and consequently I think the trial judge was correct in overruling the motion to recuse. Furthermore, I do not subscribe to the holding of this court in State v. Tate, 185 La. 1006, 171 So. 108.

¶3I therefore respectfully dissent.