Setting aside the issue that the original order was entered by a previously
disqualified judge who participated in publicly criticizing the jury and their verdict
subsequent to his disqualification based on prejudice, the trial court engages in
three pages of moralizing about the responsibility of the defense counsel in candor
to the tribunal, as if somehow this entire mess was the responsibility of the
defense, rather than a vindictive act by a glaringly biased judge. (App. F). For the
record, this was not a case in which the defense was in possession of information
that neither the court, nor the State of Florida lacked. Instead, defense counsel only
learned of the probation informally, whereas the State of Florida received formal
notice of the commencement of probation. (App. F). Further, the former
disqualified judge actually signed the original order which established probation
while the Defendant was awaiting trial on a different set of charges. That the court
feels it necessary to chastise the defense (and the defense aloneby name) for not
bringing this matter to the courts attention is, at best, misplaced.
___________
Oh, good grief . . .
CM got his shorts in a wad from the DT being slapped by HHBP
.