Tundidor v. State

A death-row petitioner moved to disqualify the judge presiding over his postconviction proceedings after she hugged the prosecutor assigned to his case (while robed, in the courtroom) at the conclusion of the high-profile Nikolas Cruz sentencing, and then two days later 'commiserated' with that same prosecutor at a hearing in petitioner's case. The trial judge denied the motion as legally insufficient. The Florida Supreme Court, treating the petition as one for prohibition, held the combination of alleged facts would create in a reasonably prudent person a well-founded fear of not receiving a fair and impartial proceeding, quashed the denial, and directed reassignment.

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