UCHECHI MADUBUIKE IHEDIOHA
v.
STATE OF FLORIDA

Fla. 5th DCA | 2025-12-05
No. 2024-0945
Borello, J., Makar, J., Lambert, J., Soud, J.
2025 FL 11604 Florida District Court of Appeal, Fifth District (2025)

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Holding

A trial court's comments and actions taken to maintain courtroom order do not constitute fundamental error when the record demonstrates the judge exercised patience and restraint in response to counsel's disruptive conduct.


Headnotes

[1] A claim of judicial bias or disfavor not raised at trial is reviewed for fundamental error on appeal, and the appellant must demonstrate that the trial court's conduct wa…

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Facts & Procedural History

Appellant Uchechi Madubuike Ihedioha was convicted in a criminal case in Duval County Circuit Court. On appeal, appellant claimed the trial judge made…

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Per_curiam
Per Curiam

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

________________________________

Case No. 5D2024-0945 LT Case No. 2022-CF-000137-A ________________________________ UCHECHI MADUBUIKE IHEDIOHA,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _______________________________ On appeal from the Circuit Court for Duval County. Mark J. Borello, Judge. Matthew J. Metz, Public Defender, and Jacqueline Rae Brandt, Assistant Public Defender, Daytona Beach, for Appellant. James Uthmeier, Attorney General, and Robert Charles Lee, Assistant Attorney General, Tallahassee, for Appellee.

December 5, 2025

PER CURIAM.

Appellant claims the trial court erred in making comments and taking actions that conveyed to the jury that it disfavored the Appellant, a claim that was not raised below and is thereby subject to fundamental error analysis on appeal. Review of the record fails to disclose any error, let alone fundamental error, in the trial court’s actions, which reflected patience and restraint. As the State 2 argues, trial counsel* for Appellant “behaved so badly that the trial judge had to intervene to maintain an orderly trial.” We agree. AFFIRMED.

MAKAR, LAMBERT, and SOUD, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ * Appellate counsel for Appellant was not trial counsel; Appellant had a private attorney representing him at trial.


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