Reconsideration granted. The district court judge who denied relator's petition for post-conviction relief prosecuted relator for the instant crime over twenty years ago. Although this appears to have been inadvertent, he should have been recused from the post-conviction relief proceeding. La.C.Cr.P. art. 671(A)(3). Therefore, the trial court's ruling on the relator's application for post-conviction relief is vacated. This case is remanded to the district court for reassignment...
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