FEUERMAN v. OVERBY

No. 93-2474.

638 So.2d 179 (1994)

Sigmund FEUERMAN, Petitioner, v. Honorable J. Jefferson OVERBY, Judge, Circuit Court 16th Judicial Circuit, Monroe County, Florida, Respondent.

District Court of Appeal of Florida, Third District.

As Corrected June 28, 1994.


Attorney(s) appearing for the Case

Fred Haddad, Ft. Lauderdale, for petitioner.

Robert A. Butterworth, Atty. Gen., and Angelica D. Zayas, Asst. Atty. Gen., for appellee.

Before HUBBART, BASKIN and COPE, JJ.


PER CURIAM.

Petitioner, Sigmund Feuerman, seeks a writ of prohibition to disqualify the trial judge in the underlying criminal prosecution. After reviewing the record, we are compelled to conclude that prior incidents between the trial judge and defense counsel support the petitioner's allegations that he has a reasonable fear he will not receive impartial treatment. We grant the petition and issue the writ.

Fred Haddad represents Feuerman, who is a defendant...

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