Legal Opinion

Sybers v. State

District Court of Appeal of Florida

Decided March 11, 1998No. 97-4037Published

1Per curiam

This petition for writ of prohibition seeks review of an order which denied a motion to disqualify the trial judge. Finding no basis for relief, we deny the petition.

On February 18,1997, William Sybers was indicted for first-degree capital murder of his wife. On February 28, 1997, Sybers filed a motion to disqualify the trial judge. The motion alleged that Judge Sirmons, after consulting with the State Attorney, out of the hearing of others, handpicked the foreman of the grand jury which returned the indictment. The motion also alleged that Judge Sirmons cancelled a bond hearing after the…

2Cases cited4 opinions

  1. Livingston v. StateSupreme Court of Florida · 1983
  2. Bundy v. RuddSupreme Court of Florida · 1978
  3. Cave v. StateSupreme Court of Florida · 1995
  4. Mitchell v. StateDistrict Court of Appeal of Florida · 1994

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