STATE v. SCHARLEPP

No. 1D18-1511.

255 So.3d 995 (2018)

STATE of Florida, Petitioner, v. Rachel Lynn SCHARLEPP, Respondent.

District Court of Appeal of Florida, First District.

October 31, 2018.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, and Jason W. Rodriguez , Assistant Attorney General, Tallahassee, for Petitioner.

Thomas M. Findley of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Tallahassee, for Respondent.


The state seeks a writ of prohibition disqualifying the trial judge in a pending criminal matter. We agree that in denying the state's second motion to disqualify, the trial judge attempted to refute the charges of partiality. This created an independent basis for disqualification. See Bundy v. Rudd, 366 So.2d 440

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