Ruben Danyon McCloud v. State of Florida

Appellant Ruben McCloud challenges his conviction and sentence on two counts of attempted second-degree murder and one count of shooting or throwing a deadly missile. We find merit to one of his claims and reverse for a new trial.

We agree with Appellant that after the motion to disqualify the trial judge was granted (see Fla. R. Jud. Admin. 2.330), the successor judge who did not conduct the trial could not competently rule on Appellant’s motion for a new trial because it required weighing the credibility of witnesses and competing witness testimony to resolve conflicts in the evidence. See…