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STATE v. BALLARD

No. 2D07-407.

956 So.2d 470 (2007)

STATE of Florida, Petitioner, v. Roy P. BALLARD, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 18, 2007.

Attorney(s) appearing for the Case

Jerry Hill, State Attorney, and Victoria J. Avalon, Assistant State Attorney, Bartow; and Bill McCollum, Attorney General, Tallahassee, and Robert J. Krauss, Assistant Attorney General, Tampa, for Petitioner.

Byron P. Hileman, Winter Haven, for Respondent.

WALLACE, Judge.

The State Attorney for the Tenth Judicial Circuit seeks a writ of prohibition to prevent a circuit judge from continuing to preside over a first-degree murder case that is pending in the Circuit Court for Polk County. Upon a careful review of the motion filed in the circuit court for disqualification of the judge, we conclude that the motion was legally sufficient. Accordingly, the circuit judge should have granted the motion and disqualified herself...

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