Zimmerman Case – Response to Petition for Writ of Prohibition

The response can be located here. It was submitted on behalf of the State Attorney General’s office to the 5th District Court of Appeals on August 23rd, and is a recap of events, for the most part. The State, predictably but incorrectly, contends that this was O’Mara’s second recusal for impartiality and should be treated as such. The first Motion to Disqualify, then trial Judge Jessica Recksiedler, was based on, as specifically outlined in the motion, Florida Rules of Judicial Administration 2.330(d)(2):

“that the judge before whom the case is pending, or some person related to said judge by consanguinity or affinity within the third degree, is a party thereto or is interested in the result thereof, or that said judge is related to an attorney or counselor of record in the cause by consanguinity or affinity within the third degree, or that said judge is a material witness for or against one of the parties to the cause.”

The second Motion to Disqualify was based on, as specifically outlined in the second motion, Florida Rules of Judicial Administration 2.330(d)(1):

“that the party fears that he or she will not receive a fair trial or hearing because of specifically described prejudice or bias of the judge”

It should be pretty easy to see that the State’s contention will likely be dismissed by the Appeals Court. The rest of the response is the State’s interpretation of Judge Lester’s comments and it is up to the court to decide which interpretation is more reasonable.

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About justincaselawgic

I could go into my background, but none of that really matters. I like to put out factual analysis, using multiple citations for the basis of the analysis. Dissent is expected and encouraged. Debate is expected and encouraged.
This entry was posted in Florida Attorney General, George Zimmerman, Judge Kenneth Lester, Law, Pamela Jo Bondi, Trayvon Martin and tagged , , , , . Bookmark the permalink.

3 Responses to Zimmerman Case – Response to Petition for Writ of Prohibition

  1. nameofthepen says:

    Imagine being all those characters who jumped on the joyride to further their political careers, and/or increase their pocketbooks, and/or bolster the “Blacks are still victimized in White America” meme, and are now recognizing that an unforeseen, and probably fatal, crash is suddenly looming directly ahead…
    😉

    • It remains to be seen how this will end up. I have been unimpressed with Ms. Corey in this case and others. I don’t see anything remarkable about her career or her legal expertise. If it is possible, I am even less impressed with Mr. De la Rionda. I think Judge Lester is a very good Judge, but has made comments that could be interpreted to cause a Defendant in his court to fear the Judge has become biased against him. There is really nothing all that remarkable about this case, other than the media attention it has garnered.

  2. I observed your blog using google and I must say, this is most likely one of the greatest nicely ready articles I have come across in a long time. I’ve bookmarked your site for more posts.

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