Moss v. State

We grant this petition for writ of prohibition on the authority of Torres v. State, 697 So.2d 175 (Fla. 4th DCA 1997), and Hayes v. State, 686 So.2d 694 (Fla. 4th DCA 1996), rev. dismissed, 691 So.2d 1081 (Fla.1997), and quash an order denying a motion to disqualify the trial court judge.

We additionally note that the trial court here went beyond ruling on the facial sufficiency of the allegations and encouraged counsel to conduct an independent investigation by inquiring if counsel had spoken with a witness about certain comments by the judge that are the subject of this and the above…