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STATE v. SMITH

No. 87-KK-0465.

504 So.2d 68 (1987)

STATE of Louisiana v. Earl SMITH.

Supreme Court of Louisiana.

March 26, 1987.

Granted in part. The assistant district attorney, Glenn Diaz, is ordered recused from the case. Otherwise denied.

LEMMON, J., concurs. After a hearing on a pretrial motion for change of venue, the trial judge must decide whether to grant or deny the motion. State v. Clark, 434 So.2d 404 (La.1983). When the trial judge refuses to change venue, the defendant has the right to reurge the motion during or upon completion...

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