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412 So. 2d 915

Van Fripp v. State

District Court of Appeal of Florida · decided 1982-04-14

Cited by 2 later decisions — most recently January 2006

2 state decisions

Key passage — most relied on by later courts

“demonstrate conclusively that the trial judge possessed relevant information `going to some fact affecting the merits of the cause and about which no other witness might testify'”

quoted by 1 later decision, including Rodriguez v. State

Relies on Wingate and MacH v. MacH · Methodist Hospital Foundation, Inc. v. Irvin

Good law ✅— No negative treatment on recordhow we know

Decided 1982-04-14

View the full empirical analysis of this case →

PER CURIAM.

¶1We affirm the order revoking defendant’s probation together with the trial court’s decision not to disqualify itself after the defendant had suggested that the trial judge was a material witness. The two affidavits which accompanied defendant’s motion for disqualification failed to demonstrate conclusively that the trial judge possessed relevant information “going to some fact affecting the merits of the cause and about which no other witness might testify.” Wingate v. Mach, 117 Fla. 104, 157 So. 421, 422 (1934). See also State ex rel. Slora *916v. Wessel, 403 So.2d 496 (Fla. 4th DCA 1981) (Hurley, J., concurring specially).

¶2In addition, we find no abuse of discretion in the trial court’s denial of defendant’s motion to set aside his plea and conviction. Accordingly, both orders are AFFIRMED.

LETTS, C. J., and DOWNEY and HURLEY, JJ., concur.
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