McGAULEY v. GOLDSTEIN

No. 95-0937.

653 So.2d 1108 (1995)

Shedrick McGAULEY, Petitioner, v. The Hon. Barry E. GOLDSTEIN, Circuit Judge, Seventeenth Judicial Circuit, in Broward County, Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

April 19, 1995.


Attorney(s) appearing for the Case

Gabriel L. Grasso of Gabriel L. Grasso, P.A., Fort Lauderdale, for petitioner.

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


FARMER, Judge.

In denying petitioner's prayer to disqualify the trial judge presiding over his criminal cases, we reject his allegation that the judge's sentencing of him in a previous case gives him a well-grounded fear of bias and prejudice by this judge. Although the sentence was ultimately reversed, we cannot agree that the reversal demonstrates that the trial judge so disregarded established precedent that bias is a fair conclusion.

Petitioner is currently...

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