Porter v. State

688 So. 2d 318 | Fla. | 1997

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-tiary 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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Lead Opinion

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.