fair trial hearing in Florida

2015“A defendant is deprived of a fair trial if the error [in giving a jury instruction] divests the defendant of his or her ‘sole, or ... primary defense strategy’ and that defense is supported by evidence adduced at trial that could not be characterized as ‘weak.’ ” McCoy v. State, 56 So.3d 37, 40 (Fla. 1st DCA 2010) (quoting Martinez v. State, 981 So.2d 449, 455-57 (Fla.2008)).

2015Compare Martinez v. State, 981 So.2d 449, 455-56 (Fla.2008) (holding that the erroneous instruction on the defendant’s affirmative defense did not deprive him of a fair trial where he pursued multiple defenses and the one which received the erroneous instruction was extremely weak) with Fields, 988 So.2d at 1190 (holding that the erroneous instruction on the defendant’s sole affirmative defense deprived him of a fair trial where the defense was plausible).

2015“A defendant is deprived of a fair trial if the error [in giving a jury instruction] divests the defendant of his or her ‘sole, or ... primary defense strategy’ and that defense is supported by evidence adduced at trial that could not be characterized as ‘weak.’ ” McCoy v. State, 56 So.3d 37, 40 (Fla. 1st DCA 2010) (quoting Martinez v. State, 981 So.2d 449, 455-57 (Fla.2008)).

2014Where the trial court fails to instruct the jury on a crucial defense, “[a] defendant is deprived of a fair trial if the error divests the defendant of his or her ‘sole, or ... primary, defense strategy’ and that defense is supported by evidence adduced at trial that could not be characterized as ‘weak.’ ” McCoy v. State, 56 So.3d 37, 40 (Fla. 1st DCA 2010) (quoting Martinez v. State, 981 So.2d 449, 455 (Fla.2008)); accord Ramirez v. State, 125 So.3d 171, 176 (Fla. 4th DCA 2013).

2011See Livingston v. State, 441 So.2d 1083, 1087 (Fla.1983); Zuchel v. State, 824 So.2d 1044, 1046 (Fla. 4th DCA 2002); Hayslip v. Douglas, 400 So.2d 553, 556 (Fla. 4th DCA 1981); see also Florida Code of Judicial Conduct, Canon 3E(1) (providing that “[a] judge shall disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned”). 2 Accordingly, the rule states that “[a] motion to disqualify shall show ... 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.”

2000Pursuant to rule 2.160(d)(1), Florida Rules of Judicial Administration, a motion to disqualify is legally sufficient and must be granted where it demonstrates "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." See also Livingston v. State, 441 So.2d 1083, 1087 (Fla.1983); see also Lytle v. Rosado, 711 So.2d 213, 214 (Fla. 3d DCA 1998).

2015Compare Martinez v. State, 981 So.2d 449, 455-56 (Fla.2008) (holding that the erroneous instruction on the defendant’s affirmative defense did not deprive him of a fair trial where he pursued multiple defenses and the one which received the erroneous instruction was extremely weak) with Fields, 988 So.2d at 1190 (holding that the erroneous instruction on the defendant’s sole affirmative defense deprived him of a fair trial where the defense was plausible).

2013Compare Martinez v. State, 981 So.2d 449, 455-56 (Fla.2008) (holding that the erroneous instruction on the defendant’s affirmative defense did not deprive him of a fair trial where he pursued multiple defenses and the one which received the erroneous instruction was extremely weak) with Fields, 988 So.2d at 1190 (holding that the erroneous instruction on the defendant’s sole affirmative defense deprived him of a fair trial where the defense was plausible).

2009See Cave v. State, 660 So.2d 705, 707 (Fla.1995). 5 The rale provides that a motion to disqualify shall show that “the *982 party fears that he or she will not receive a fair trial or hearing because of specifically described prejudice or bias of the judge” or that the judge is either an interested party to the matter, related to an interested party, related to the counsel, or “is a material witness for or against one of the parties to the cause.” Fla. R.

2002See Correll v. State, 698 So.2d 522, 524 (Fla.1997); Cave v. State, 660 So.2d 705, 708 (Fla.1995).

2025“A mere subjective fear of bias will not be legally sufficient; rather, the fear must be objectively reasonable.” Arbelaez v. State, 898 So. 2d 25, 41 (Fla. 2005) (cleaned up).

2006Arbelaez v. State, 898 So.2d at 41 .

2018Admin. 2.330(d)(1) (requiring that a motion to disqualify "show ... 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 " (emphasis added) ); Sutton v. State , 975 So.2d 1073 , 1081 (Fla. 2008) ("A departure from the essential requirements of law is not mere legal error, but instead, involves a gross miscarriage of justice....

2018Admin. 2.330(d)(1) (requiring that a motion to disqualify "show . . . 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" (emphasis added)); Sutton v. State, 975 So. 2d 1073, 1081 (Fla. 2008) ("A departure from the essential requirements of law is not mere legal error, but instead, involves a gross miscarriage of justice. . . .

2011The Cordoba panel further explained that: “ ‘Fundamental error,’ for purposes of granting a new trial, means an error which deprives a party of a fair trial or an error which objection or a curative instruction could not correct; such error gravely impairs the dispassionate and calm consideration of the evidence and merits by the jury.” Id. (citation omitted).

2008It is error that "deprives a party of a fair trial or an error which objection or a curative instruction could not correct; such error gravely impairs the dispassionate and calm consideration of the evidence and merits by the jury." Cordoba v. Rodriguez, 939 So.2d 319, 322 (Fla. 4th DCA 2006).

2025Carrion v. State, 859 So. 2d 563, 565 (Fla. 5th DCA 2003) (holding that the failure to hold a competency hearing deprives the defendant of his constitutional right to a fair trial in violation of the due process clause of the Fourteenth Amendment to the United States Constitution (citing Pate, 383 U.S. at 378 ; Jones v. State, 740 So. 2d 520, 522 (Fla. 1999); Broomfield v. State, 788 So. 2d 1043 , 1044– 45 (Fla. 2d DCA 2001)).

2025Carrion v. State, 859 So. 2d 563, 565 (Fla. 5th DCA 2003) (holding that the failure to hold a competency hearing deprives the defendant of his constitutional right to a fair trial in violation of the due process clause of the Fourteenth Amendment to the United States Constitution (citing Pate, 383 U.S. at 378 ; Jones v. State, 740 So. 2d 520, 522 (Fla. 1999); Broomfield v. State, 788 So. 2d 1043 , 1044– 45 (Fla. 2d DCA 2001)).

2024See Casner v. Fury Mgmt., Inc., 324 So. 3d 1029 , 1029 (Fla. 3d DCA 2021). “[T]he standard is the reasonable effect on the party seeking disqualification, not the subjective intent of the judge.” Id. at 1030 (quoting Haas v. Davis, 37 So. 3d 983, 983 (Fla. 3d DCA 2010)).

2019Id. (finding that the error in the forcible felony instruction was not fundamental for two reasons: self- defense was not the defendant’s only strategy, and his self-defense claim was extremely weak); see also Hall v. State, 260 So. 3d 1152, 1153 (Fla. 1st DCA 2018) (explaining the same and concluding that the failure to instruct the jury on the parental-discipline affirmative defense did not constitute fundamental error because “although Appellant’s sole defense was that the child’s injuries occurred while Appellant was disciplining him, that defense was extremely weak because there was no ev

2017See R.M.C. v. D.C., 77 So.3d 234 (Fla. 1st DCA 2012); Sume v. State, 773 So.2d 600 (Fla. 1st DCA 2000).

2015Under Florida Rule of Judicial Administration 2.330(d), grounds supporting a motion to disqualify a judge include “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.” “A verified motion for disqualification must contain an actual factual foundation for the alleged fear of prejudice.” Fischer v. Knuck, 497 So.2d 240, 242 (Fla.1986).

2014Where the trial court fails to instruct the jury on a crucial defense, “[a] defendant is deprived of a fair trial if the error divests the defendant of his or her ‘sole, or ... primary, defense strategy’ and that defense is supported by evidence adduced at trial that could not be characterized as ‘weak.’ ” McCoy v. State, 56 So.3d 37, 40 (Fla. 1st DCA 2010) (quoting Martinez v. State, 981 So.2d 449, 455 (Fla.2008)); accord Ramirez v. State, 125 So.3d 171, 176 (Fla. 4th DCA 2013).

2013Shuler v. Green Mountain Ventures, Inc., 791 So.2d 1213, 1215 (Fla. 5th DCA 2001); see also Gore, 964 So.2d at 1268 .

2013Accordingly, the Talley court held that the instruction given in that case was erroneous because “the justifiable use of nondeadly force was Talley’s only defense and any confusion caused by the instruction may have deprived Talley of a fair trial because his defense was plausible.” Id. at 1018 (emphasis added).

2013A motion to disqualify must show 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’; or that the judge is either an interested party to the matter, related to an interested party, related to counsel, or ‘is a material witness for or against one of the parties to the cause.’” Id. (quoting Fla. R.

2013Shuler v. Green Mountain Ventures, Inc., 791 So.2d 1213, 1215 (Fla. 5th DCA 2001); see also Gore, 964 So.2d at 1268 .

2011See Livingston v. State, 441 So.2d 1083, 1087 (Fla.1983); Zuchel v. State, 824 So.2d 1044, 1046 (Fla. 4th DCA 2002); Hayslip v. Douglas, 400 So.2d 553, 556 (Fla. 4th DCA 1981); see also Florida Code of Judicial Conduct, Canon 3E(1) (providing that “[a] judge shall disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned”). 2 Accordingly, the rule states that “[a] motion to disqualify shall show ... 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.”

2011See Livingston v. State, 441 So.2d 1083, 1087 (Fla.1983); Zuchel v. State, 824 So.2d 1044, 1046 (Fla. 4th DCA 2002); Hayslip v. Douglas, 400 So.2d 553, 556 (Fla. 4th DCA 1981); see also Florida Code of Judicial Conduct, Canon 3E(1) (providing that “[a] judge shall disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned”). 2 Accordingly, the rule states that “[a] motion to disqualify shall show ... 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.”

2010See also Richards v. State, 39 So.3d 431 , (Fla. 2d DCA 2010).

2008"The facts alleged in a motion to disqualify must demonstrate that the party has a well-grounded fear that he will not receive a fair trial before the judge." Doorbal v. State, 983 So.2d 464, 476 (Fla.2008).