State of Florida v. Rachel Lynn Scharlepp ( 2018 )


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  •          FIRST DISTRICT COURT OF APPEAL
    STATE OF FLORIDA
    _____________________________
    No. 1D18-1511
    _____________________________
    STATE OF FLORIDA,
    Petitioner,
    v.
    RACHEL LYNN SCHARLEPP,
    Respondent.
    _____________________________
    Petition for Writ of Prohibition—Original Jurisdiction.
    October 31, 2018
    PER CURIAM.
    The state seeks a writ of prohibition disqualifying the trial
    judge in a pending criminal matter. We agree that in denying the
    state’s second motion to disqualify, the trial judge attempted to
    refute the charges of partiality. This created an independent
    basis for disqualification. See Bundy v. Rudd, 
    366 So. 2d 440
    , 442
    (Fla. 1978) (“When a judge has looked beyond the mere legal
    sufficiency of a suggestion of prejudice and has attempted to
    refute the charges of partiality, he has then exceeded the proper
    scope of his inquiry and on that basis alone established grounds
    for his disqualification.”); accord Lee Mem’l Health Sys. v. State,
    Agency for Health Care Admin., 
    910 So. 2d 892
    , 893 (Fla 1st DCA
    2005); Martin v. State, 
    820 So. 2d 403
    , 404 (Fla. 3rd DCA 2002).
    We grant the petition but withhold formal issuance of the
    writ as we are confident the judge will promptly issue an order of
    disqualification.
    RAY, OSTERHAUS, and WINOKUR, JJ., concur.
    _____________________________
    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
    _____________________________
    Pamela Jo Bondi, Attorney General, and Jason W. Rodriguez,
    Assistant Attorney General, Tallahassee, for Petitioner.
    Thomas M. Findley of Baker, Donelson, Bearman, Caldwell &
    Berkowitz, PC, Tallahassee, for Respondent.
    2
    

Document Info

Docket Number: 18-1511

Filed Date: 10/31/2018

Precedential Status: Precedential

Modified Date: 10/31/2018