STATE EX REL. SCHMIDT v. JUSTICE

No. 70-77.

237 So.2d 827 (1970)

STATE of Florida ex rel. Michael T. SCHMIDT, Relator, v. Honorable John D. JUSTICE, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 18, 1970.


Attorney(s) appearing for the Case

Paul Antinori, Jr., Tampa, for relator.

Earl Faircloth, Atty. Gen., Tallahassee, and Morton J. Hanlon, Asst. Atty. Gen., Lakeland, for respondent.


HOBSON, Chief Judge.

Petitioner seeks a writ of prohibition against the respondent alleging respondent's disqualification to preside over a trial wherein the petitioner is charged with the sale of marijuana.

The petitioner was previously tried for the same crime, said trial was presided over by the respondent, and ended in a mistrial as a result of the jury announcing that it could not reach a verdict.

The respondent, after declaring a mistrial, rescheduled...

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