Florida Court Cases - Case Law and Opinions from the Courts of Florida - unoffical reports - Opinions

ROMINGER LEGAL

Florida Case Law & Florida Court Opinions - Florida Law

Need Legal Help?

LEGAL RESEARCH CENTER

LEGAL HEADLINES - CASE LAW - LEGAL FORMS

NOT FINDING WHAT YOU NEED? -CLICK HERE

This court case was taken from the Florida Court's web site. Search our site for more cases - CLICK HERE

IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
JEREMIAH MARTEL RODGERS,
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant,
DISPOSITION THEREOF IF FILED
v.
CASE NO. 1D00-0748
STATE OF FLORIDA,
Appellee.
_____________________________/
Opinion filed March 1, 2004.
An appeal from the Circuit Court for Santa Rosa County.
Kenneth B. Bell, Judge.
Mark E. Olive, Esq. and Amanda Regan-Worl, Esq. of the Law Office of Mark E.
Olive, P.A., Tallahassee, for Appellant.
Charlie Crist, Attorney General; Curtis M. French, Senior Assistant Attorney General,
Tallahassee, for Appellee.
PER CURIAM.
Appellant, Jeremiah Martel Rodgers, appeals his convictions and sentences and
argues that the trial judge erred in denying his motion to disqualify. Upon careful
review of the record, we conclude that a reasonably prudent person, faced with the

facts of this case, would be placed in fear of not receiving a fair and impartial trial
before the trial judge. See Livingston v. State, 858 So. 2d 353, 354 (Fla. 1st DCA
2003) (holding that the question of whether a trial judge erred in denying a motion to
disqualify is whether a reasonably prudent person, faced with the facts of the case,
would be put in fear of not receiving a fair and impartial trial before the presiding
judge); see also Livingston v. State, 441 So. 2d 1083, 1087 (Fla. 1983) ("[A] party
seeking to disqualify a judge need only show `a well grounded fear that he will not
receive a fair trial at the hands of the judge.'") (quoting State ex rel. Brown v. Dewell,
179 So. 695, 697-98 (Fla. 1938)); Levine v. State, 650 So. 2d 666, 667 (Fla. 4th DCA
1995).
REVERSED and REMANDED for a new trial.
BOOTH, VAN NORTWICK and LEWIS, JJ., CONCUR.
2

	ROMINGER LEGAL
		Florida Case Law & Florida Court Opinions - Florida Law
					Need Legal Help?
					Need Legal Help?
LEGAL RESEARCH CENTER
LEGAL RESEARCH CENTER			LEGAL HEADLINES - CASE LAW - LEGAL FORMS	NOT FINDING WHAT YOU NEED? -CLICK HERE