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District Court of Appeal of Florida


B.M. v. State of Florida, 4D06-3359

A petition for prohibition seeking disqualification of a trial judge assigned to preside over petitioner's criminal case as a result of certain remarks the judge made in a previous, unrelated criminal case is granted where petitioner's allegation -- that the trial judge told him if he ever returned to the court with new criminal charges, he would be sent to detention -- was legally sufficient to support a motion for disqualification.

Appellate Information

  • Decided 11/29/2006
  • Published 11/29/2006

Judges

  • PER CURIAM.

Court

  • District Court of Appeal of Florida

Counsel

  • For Appellant:
  • Ronald B. Smith of the Law Office of Glenn J. Sneider, L.C., Okeechobee, for petitioner.

  • For Appellees:
  • Charles J. Crist, Jr., Attorney General, Tallahassee, and Charles M. Fahlbusch, Senior Assistant Attorney General, Fort Lauderdale, and Don M. Rogers, Assistant Attorneys General, West Palm Beach, for respondent.
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