HOLMES v. GOLDSTEIN

No. 94-2808.

650 So.2d 87 (1995)

Jerry HOLMES, Petitioner, v. Hon. Barry E. GOLDSTEIN, as Circuit Judge of the 17th Judicial Circuit, Respondent.

District Court of Appeal of Florida, Fourth District.

As Amended on Denial of Motion for Clarification March 2, 1995.


Attorney(s) appearing for the Case

Michael Klein of Michael L. Klein, P.A., Fort Lauderdale, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn Asbury, Asst. Atty. Gen., West Palm Beach, for respondent.


PER CURIAM.

Petitioner unsuccessfully sought to have respondent disqualify himself in the present criminal charge pending against petitioner because of a perceived lack of impartiality arising out of respondent's remarks when he sentenced petitioner on an earlier charge after a jury had found petitioner guilty.

Respondent's questioned remarks at sentencing were his strongly expressed views that during the jury trial petitioner tried to "sell" or discredit...

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