CHASTINE v. BROOME

No. 93-3063.

629 So.2d 293 (1993)

Kirby Lynn CHASTINE, Petitioner, v. The Honorable Virginia Gay BROOME, Circuit Judge of the Fifteenth Judicial Circuit of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

December 22, 1993.


Attorney(s) appearing for the Case

V. Ted Brabham, Jr. of Henley & Brabham, P.A. and Rendell Brown, West Palm Beach, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joan L. Greenberg, Asst. Atty. Gen., West Palm Beach, for respondent.


PER CURIAM.

Petitioner seeks disqualification of the trial judge from his first-degree murder case. Petitioner's sworn allegations that the trial judge improperly passed a note to the prosecution giving advice on trial strategy is a legally sufficient basis for disqualification. Accordingly, we grant the petition for writ of prohibition.

Petitioner (defendant) was tried and convicted of first-degree murder. During the second stage of the proceedings, the jury...

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