ORLANDO GONZALEZ, JR., APPELLANT,
v.
HARRY K. SINGLETARY, JR., ETC., APPELLEE
ORLANDO GONZALEZ, JR., APPELLANT,
HARRY K. SINGLETARY, JR., ETC., APPELLEE
746 So. 2d 1211
Florida District Court of Appeal, Fifth District (1999)
Positive Treatment
Cited by 5 cases
Opinion of the Court
GRIFFIN, J.
Appellant, Orlando Gonzalez, Jr., appeals the denial of his petition for writ of mandamus seeking expungement of a disciplinary order by the state’s Department of Corrections for procedural and technical errors. Mainly, he complains that the Department failed to respond timely to his grievance. The lower court determined that he had not timely filed his grievance and denied relief. Our review of the appealed order indicates that the dates relied upon by the lower court are incorrect; nevertheless, even by our reckoning, the lower court was correct in its conclusion.
AFFIRMED.
DAUKSCH and GOSHORN, JJ., concur.
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R.O. v. State, 46 So. 3d 124 (Fla. 3d DCA 2010)…ice. We agree with R.O. A court may question witnesses when required by the interests of justice. § 90.615(2), Fla. Stat. (2009). Questioning may be necessary, in the court’s discretion, to ascertain the truth, or to clarify an issue. Poe v. State, 746 So. 2d 1211, 1214 (Fla. 5th DCA 1999). A court may not ask questions or make comments in an attempt to supply essential elements to the State’s case. See Sears v. State, 889 So. 2d 956, 959 (Fla. 5th DCA 2004). Further, the trial judge’s words or actions “shoul…
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Gerali v. State, 50 So. 3d 727 (Fla. 5th DCA 2010)…ause Gerali did not object to the trial court’s questioning, the issue becomes one of fundamental error. See Mathew v. State, 887 So. 2d 1167, 1170 (Fla. 4th DCA 2008). A judge should not appear to take on the role of a prosecutor. In Poe v. State, 746 So. 2d 1211 (Fla. 5th DCA 1999), the trial judge questioned all of the witnesses and the witnesses for the State were questioned in greater depth than those for the defense. The court found, “The intense and sustained questioning by the court overshadowed the c…
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K.R. v. State (Fla. 3d DCA 2020)…d DCA 1985). In addition, a trial court's examination of a witness becomes an abuse of discretion “only when it appears that the judge departs from neutrality or expresses bias or prejudice in his comments in the presence of the jury.” Poe v. State, 746 So. 2d 1211, 1214 (Fla. 5th DCA 1999). K.R.’s attorney prevented the admission of any evidence regarding where the incident took place when he objected to the State addressing the issue because defense counsel had told the trial court that the defense was not…