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STATE v. SHAW

No. 94-0143.

643 So.2d 1163 (1994)

STATE of Florida, Petitioner, v. Wendy SHAW, Respondent.

District Court of Appeal of Florida, Fourth District.

October 12, 1994.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for petitioner.

Mark Orr, Fort Pierce, for respondent.

PARIENTE, Judge.

The state seeks review, by petition for writ of certiorari, of a circuit court's issuance of a writ of prohibition barring a county court judge from presiding further in respondent's criminal prosecution. The county court denied respondent's motion to recuse. By issuing a writ of prohibition, the circuit court effectively overturned the county court order, and ordered recusal based on the erroneous belief that the mere filing of an affidavit alleging...

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