QUICK v. STATE (2019)

District Court of Appeal of Florida, Fifth District.

John R. QUICK, Petitioner, v. STATE of Florida, Respondent.

Case No. 5D19-2518

Decided: October 18, 2019

Robert Wesley, Public Defender, and David L. Redfearn, Assistant Public Defender, Orlando, for Petitioner, No Appearance for Respondent.

John R. Quick petitions this Court for a writ of prohibition, seeking disqualification of a trial judge. We find the allegations sufficient and grant the petition for writ of prohibition. The petitioner's allegations include comments by the trial judge in Orange County case numbers 2019-CF-002605, 2018-CF-010319, and 2018-CF-0176810. We find that the facts alleged in the motion to disqualify and the petition articulate an objectively reasonable fear of judicial bias. Specifically, the trial judge made comments indicating that he had prejudged the petitioner's guilt and doubted both his sincerity and truthfulness regarding a medical episode experienced during trial proceedings.

PETITION GRANTED; ORDER QUASHED; REMANDED With Instructions to Reassign to New Trial Judge.

PER CURIAM.

EVANDER, C.J., WALLIS and LAMBERT, JJ., concur.

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