State v. Richard L. Gresham

The State of Florida petitions for a writ of prohibition following the denial of its motion to disqualify the senior trial court judge from presiding over Richard Gresham’s case. Because the motion was legally sufficient and timely, we grant the writ. See Fla. R. Jud. Admin. 2.330.

This case involves the prejudgment of a motion to suppress by a senior judge temporarily assigned to the case. After a review of the record, we conclude the comments were sufficient to put a reasonably prudent person in well-founded fear of not receiving a fair or impartial hearing or trial. 1 See Shuler v. Green…