Salters v. State
Salters v. State
Opinion of the Court
This is the third appearance in this court involving sentencing. After a previous re
The motion was legally sufficient and demonstrated an objectively reasonable fear of the lack of impartiality. See MacKenzie v. Super Kids Bargain Store, Inc., 565 So.2d 1332 (Fla. 1990) (holding that motion is legally sufficient if it alleges facts that would create in a reasonably prudent person a well-founded fear of not receiving a fair and impartial trial); Zuchel v. State, 824 So.2d 1044 (Fla. 4th DCA 2002) (motions to disqualify are reviewed under a de novo standard as to whether the motion is legally sufficient as a matter of law); State v. Shaw, 643 So.2d 1163 (Fla. 4th DCA 1994) (fears of a party seeking disqualification of a judge must be objectively reasonable).
REVERSED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.