JERALD SAMUEL ALDERMAN
v.
STATE OF FLORIDA
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Denial of a motion to disqualify the trial judge is harmless error where it lacks a reasonable probability of contributing to the defendant's conviction.
[1] Denial of a motion to disqualify a trial judge constitutes harmless error when the denial does not create a reasonable probability of contributing to the defendant's conv…
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Join FLexlaw to unlock all legal intelligence“any error was harmless. See Davis v. State, 347 So. 3d 315, 327 n.6 (Fla. 2022) (applying the harmless error standard where error in the denial of a motion for disqualification did not have 'a reasonable probability of contributing to [the defendant's] conviction')”
Court's explanation for affirming despite Alderman's challenge to the denial of the disqualification motion
Jerald Alderman was convicted in the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County, and appealed the convictions, challenging th…
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We affirm the convictions and sentences on all issues raised by the appellant. As to the appellant’s claim regarding the denial of the motion to disqualify the trial judge, any error was harmless. See Davis v. State, 347 So. 3d 315, 327 n.6 (Fla. 2022) (applying the harmless error standard where error in the denial of a motion for disqualification did not have “a reasonable probability of contributing to [the defendant’s] conviction”).
Affirmed. WARNER, CONNER and ARTAU, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
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Citator
Cited By (14 total)
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Boatman v. State, 364 So. 3d 1005 (Fla. 2024)…to Disqualify Boatman asserts that the judge erred in denying his motion to disqualify and that he “did not receive a just and fair trial." "The standard of review for a trial judge's decision on a motion to disqualify is de novo.” Davis v. State, 347 So. 3d 315, 322 (Fla. 2022) (citing Gore v. State, 964 So. 2d 1257, 1268 (Fla. 2007)). Florida Rule of General Practice and Judicial Administration 2.330 requires the movant to “allege specifically the facts and reasons upon which the movant relies as the grou…
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Alderman v. State, 347 So. 3d 315 (Fla. 4th DCA 2024)…PER CURIAM. We affirm the convictions and sentences on all issues raised by the appellant. As to the appellant’s claim regarding the denial of the motion to disqualify the trial judge, any error was harmless. See Davis v. State, 347 So. 3d 315, 327 n.6 (Fla. 2022) (applying the harmless error standard where error in the denial of a motion for disqualification did not have “a reasonable probability of contributing to [the defendant’s] conviction”). Affirmed. WARNER, CONNER and ARTAU, JJ.…
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Markeith D. Loyd v. State, 379 So. 3d 1080 (Fla. 2023)…s a human—it was simply background music. Thus, allowing the irrelevant instrumental music to play was error. This error does not automatically justify reversal. Improperly admitted evidence is subject to the harmless error analysis. Davis v. State, 347 So. 3d 315 , 324 (Fla. 2022). Loyd “acknowledges that the montage was not maudlin[ ] and was not exploited by the State in argument.” Plus, the court read the jury instruction on victim impact evidence three times throughout the penalty phase, which advised -…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Alderman v. State, 347 So. 3d 315 (Fla. 4th DCA 2024)