591 So. 2d 326

Jesse O. PUCKETT, Appellant, v. STATE of Florida, Appellee.

No. 91-1204.

District Court of Appeal of Florida, Fifth District.

Jan. 3, 1992.

Jesse O. Puckett, pro se.

No appearance for appellee.

W. SHARP, Judge.

Puckett appeals from an order entered by the trial judge refusing to disqualify himself from presiding over Puckett’s post-conviction relief motion. This is not an *327appealable order. Kowalski v. Boyles, 557 So.2d 885 (Fla. 5th DCA 1990). We elect to treat this cause as a petition for writ of prohibition,1 and deny it on the merits.

Litigants have a right to seek the disqualification of a presiding judge when they have objective grounds to believe they will not receive a fair consideration at a trial or other judicial proceeding.2 In this case, the facts set forth in the motion and attached affidavits assert (in sum) that the judge erroneously accepted Puckett’s plea of no contest to a manslaughter charge, and that therefore he should be disqualified from presiding over Puckett’s efforts to set aside the plea because he is and will be a material party or witness. These grounds are legally insufficient to warrant disqualification.3

Petition for Writ of Prohibition DENIED.

DAUKSCH and HARRIS, JJ„ concur.

Puckett v. State
591 So. 2d 326

Case Details

Name
Puckett v. State
Decision Date
Jan 3, 1992
Citations

591 So. 2d 326

Jurisdiction
Florida

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