Legal Opinion

State v. Banta

Supreme Court of Louisiana

Decided November 4, 1908No. 17,333PublishedCited by 17 opinions

Louis Banta was charged with crime. Order to recuse the judge was denied, and accused applies for writs of certiorari and prohibition.

1Opinion of the Court

Statement of the Case.

MONROE, J.

It appears from the petition herein that relator was charged with an offense for which he was to be tried by 1he judge (without a jury), and, having been arraigned, pleaded “not guilty”; that he thereafter moved to recuse the judge, upon the ground that he is his (mover’s) personal enemy and is so biased and preju- , diced as. to be incapable of giving him (mover) a fair and impartial trial, which mo- ■ tion was overruled by the judge himself,; on the. ground (as stated by him) that “the allegations contained in the motion are • frivolous — they are without…

2Cases cited7 opinions

  1. State ex rel. Segura v. Judge of the Twenty-First Judicial DistrictSupreme Court of Louisiana · 1885
  2. State ex rel. Tyrrell v. Judge of the Fifteenth Judicial District CourtSupreme Court of Louisiana · 1881
  3. State ex rel. Ribbeck v. FosterSupreme Court of Louisiana · 1904
  4. President of the Roman Catholic Church of Ascension v. PerchéSupreme Court of Louisiana · 1884
  5. State ex rel. Jones v. Judges of the Tenth Judicial DistrictSupreme Court of Louisiana · 1889

2 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. State v. LabordeSupreme Court of Louisiana · 1948
  2. State v. RiniSupreme Court of Louisiana · 1922
  3. Taylor v. RobertsSupreme Court of Florida · 1922
  4. State v. NunezSupreme Court of Louisiana · 1920
  5. State v. HayesSupreme Court of Louisiana · 1910

12 more not listed; retrieve them via the Exa API.

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