Florida Appeals Court Removes Judge Lester From George Zimmerman Case
Here is today's opinion by the 5th District Court of Appeals in Florida granting George Zimmerman's Writ of Prohibition and removing Judge Kenneth Lester from the case.
"A motion is legally sufficient if it alleges facts that would create in a reasonably prudent person a wellfounded fear of not receiving a fair and impartial trial."
Although many of the allegations in Zimmerman's motion, standing alone, do not meet the legal sufficiency test,1 and while this is admittedly a close call, upon careful review we find that the allegations, taken together, meet the threshold test of legal sufficiency. Accordingly, we direct the trial judge to enter an order of disqualification which requests the chief circuit judge to appoint a successor judge.
This is good news for George Zimmerman. And, in my view, the right decision. But who will be the new judge? Do they call retired judges in to serve in Florida?
Bmaz at Empty Wheel has more.
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