BANANA v. STATE

No. 91-KP-1115.

638 So.2d 1329 (1994)

James Gregory BANANA v. STATE of Mississippi.

Supreme Court of Mississippi.

June 30, 1994.


Attorney(s) appearing for the Case

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 recused himself initially, we vacate the order of the circuit court and remand this matter for further proceedings.

I.

On June 6, 1988, James Gregory Banana was arrested...

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