Christopher KEATING, Petitioner, v. STATE of Florida, Respondent.
Apr 10, 2013OUTCOME: Mr. Bosco's client's Petition for Writ of Prohibition was granted.
Here, the petitioner (represented by Mr. Bosco) clearly qualified for entry into a drug-treatment program that, if completed successfully, would lead to dismissal of his felony drug charges in Fort Lau ... derdale. Petitioner desired to enter the program, and the State did not object to the request. Nevertheless, the Judge refused to provide petitioner any opportunity to fairly present his case for transfer to drug court. Mr. Bosco demonstrated that his client had an objectively reasonable basis to fear that he may not receive a fair trial or hearing before the judge. The petition for Writ of Prohibition was granted by the 4th District Court of Appeal. The case was subsequently assigned to another judge who did not demonstrate the same appearance of prejudice. Pursuant to Florida Rule of Judicial Administration 2.330(h), petitioner was then able to move the new judge to reconsider the previous judge's ruling on the motion to transfer.
