State v. Washington

Summary

The Louisiana Supreme Court considered whether an amended version of Louisiana Code of Criminal Procedure article 676(B) applied retroactively to the reassignment of a criminal case after a judge was recused. The court held that the amendment was procedural and could be applied retroactively, requiring the case to remain with the randomly allotted judge rather than return to the judge who heard the recusal motion. The court reversed the lower courts’ rulings, denied the defendant’s motion, and remanded the case.

Holdings

1. Because amended article 676(B) is procedural and the Legislature expressed no contrary intent, it applies retroactively to Washington's motion to correct the allotment of his case.
2. The trial court erred in granting Washington's motion to correct allotment because the amended article 676(B) required the case to remain in the randomly reallotted section; the motion should have been denied.

Questions Presented

1. Whether the amended version of Louisiana Code of Criminal Procedure article 676(B), which requires random reassignment after a judge is recused, applies retroactively to Washington's motion to correct the allotment of his case.
2. Whether the amended article 676(B) is substantive, procedural, or interpretive for purposes of Louisiana Civil Code article 6.

Disposition

reversed_and_remanded