Banana v. State

638 So.2d 1329 (1994)

James Gregory BANANA

v.

STATE of Mississippi.

No. 91-KP-1115.

Supreme Court of Mississippi.

June 30, 1994.

James Gregory Banana, pro se.

Michael C. Moore, Atty. Gen., Wayne Snuggs, Asst. Atty. Gen., Jackson, Ellen Y. Dale, Ridgeland, for appellee.

Before HAWKINS, C.J., and PITTMAN and BANKS, JJ.

BANKS, Justice, for the Court:

This is a post-conviction relief matter in which the ruling judge had once acted as prosecutor. He attempted to recuse himself after the ruling had been appealed. Because the court lacked jurisdiction for the latter action and because the judge should have…