Davis v. State
Answering a certified question, the Florida Supreme Court held that the erroneous denial of a legally sufficient motion to disqualify a trial judge for alleged bias under section 38.10 and Rule of Judicial Administration 2.330 is not per se reversible, but is instead reviewed for harmless error under State v. DiGuilio. The Court rejected the Second District's alternative 'reasonable possibility the defendant was denied a fair trial before a neutral judge' formulation, and, applying DiGuilio, found harmful error because the successor judge rescinded a prior order allowing individual sequestered voir dire on the insanity defense.
Key facts
- Davis was tried in a trial court where the judge allegedly exhibited bias; Davis filed a motion to disqualify the judge under section 38.10 and Rule of Judicial Administration 2.330.
- The trial court denied the disqualification motion, and the judge presided over the remainder of the trial, including rescinding a prior order that allowed individual sequestered voir dire on the insanity defense.
- +1 more key fact with a free trial
Why it matters
This is a doctrinal shift on judicial disqualification review that reaches beyond the criminal context: litigants who lose a legally sufficient Rule 2.330 motion can no longer count on automatic reversal of the… — full analysis with a trial
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