Legal Opinion

State of Florida v. Rachel Lynn Scharlepp

District Court of Appeal of Florida

Decided October 31, 2018No. 18-1511Published

1Opinion of the Court

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D18-1511 _____________________________ STATE OF FLORIDA, Petitioner, v. RACHEL LYNN SCHARLEPP, Respondent. _____________________________ Petition for Writ of Prohibition—Original Jurisdiction. October 31, 2018 PER CURIAM. 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…

2Cases cited3 opinions

  1. Bundy v. RuddSupreme Court of Florida · 1978
  2. Lee Memorial Health v. Agency for HealthDistrict Court of Appeal of Florida · 2005
  3. Martin v. StateDistrict Court of Appeal of Florida · 2002

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