Supreme Court of Florida, 1997

Porter v. State

Supreme Court of Florida · Decided January 16, 1997 · Anstead, Grimes, Harding, Overton, Shaw, Wells

688 So. 2d 318; 22 Fla. L. Weekly Supp. 105; 1997 Fla. LEXIS 173; 1997 WL 96392 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Porter v. State (Fla. 1998)
Council v. State (Fla. Dist. Ct. App. 1997)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

CORRECTED ORDER

Appellant/Petitioner’s Motion for Clarification of Order and Appellant/Petitioner’s Motion to Disqualify Twentieth Judicial Circuit and Request for Assignment of Another Judicial Circuit filed in the above causes are hereby denied.

OVERTON, GRIMES, HARDING and WELLS, JJ., concur. ANSTEAD, J., dissents with an opinion, in which SHAW, J., concurs.

Dissenting Opinion

ANSTEAD, J.,

dissenting.

Even if just for the sake of judicial efficiency, I would grant the appellant’s request to enlarge the scope of the hearing to be conducted below to include a claim for a new trial based upon the allegations of judicial bias. We have acted because of a mandate by the federal courts that the appellant’s allegations of judicial bias require an eviden-*319tiary hearing. It is apparent that this claim, if established, would provide a basis for a claim for a new trial. Instead of treating defendant’s claims piece-meal, we should allow them both to be treated in the same proceedings below.

SHAW, J., concurs.

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