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fair trial before a neutral judge' formulation, and, applying DiGuilio, found harmful error because the successor judge rescinded a prior order allowing individual sequestered voir dire on the insanity defense.

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