Fetzner v. State

The appellate standard of review for a judge’s denial of a motion for recusal is de novo, Peterson v. Asklipious, 833 So.2d 262, 263 (Fla. 4th DCA 2002). Thus, this court must take the statements in the affidavit as true and determine whether they would prompt, a reasonably prudent person to fear that he could not get a fair trial. Fla. R. Jud. Admin. 2.330; see also Hayslip v. Douglas, 400 So.2d 553, 556 (Fla. 4th DCA 1981). The motion and affidavit in this case met that test.

There is a difference between a judge trying to control the courtroom and a judge showing hostility and bias toward…