Legal Opinion

Anthony R. Baker Jr v. State of Florida

District Court of Appeal of Florida

Decided October 31, 2017No. CASE NO. 1D17-1702Published

1Per curiam

Petitioner .Anthony Baker Jr. seeks a writ of prohibition disqualifying the lower tribunal judge from a criminal matter in which Baker is proceeding pro se. For the reasons explained below, we grant the petition, but instead of ordering the appointment of a- successor judge, we quash the order denying the motion for disqualification and remand for the lower tribunal judge to consider the legal sufficiency of Baker’s disqualification motion in the first instance.

Baker filed a motion to disqualify the trial judge who is presiding over his criminal case. It is unnecessary for purposes of this…

2Cases cited7 opinions

  1. Marquez v. StateDistrict Court of Appeal of Florida · 2009
  2. Tobkin v. StateDistrict Court of Appeal of Florida · 2004
  3. Harrison v. JohnsonDistrict Court of Appeal of Florida · 2006
  4. McCray v. StateDistrict Court of Appeal of Florida · 2014
  5. The Leila Corporation of St. Pete v. OssiDistrict Court of Appeal of Florida · 2014

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