BANNISTER

v.

UNITED STATES; AND MASKO V. UNITED STATES

Citator

Cited By

• Zuchel v. State, 824 So. 2d 1044 (Fla. 4th DCA 2002)
  …of the case.” [*1046] Allegations in a motion to disqualify are reviewed under a de novo standard as to whether the motion is legally sufficient as a matter of law. See § 38.10, Fla. Stat.; Armstrong v. Harris, 773 So. 2d 7 (Fla.2000), cert. denied, 532 U.S. 958, 121 S.Ct. 1487, 149 L.Ed.2d 374 (2001). A motion to disqualify is governed in substance by section 38.10, Florida Statutes, and procedurally by rule 2.160, Florida Rules of Judicial Administration. The rule states that “[a] motion to disqualify sha…
• Peterson v. Asklipious, 833 So. 2d 262 (Fla. 4th DCA 2002)
  …e denied the motion. Allegations in a motion to disqualify are reviewed under a de novo standard as to whether the motion is legally sufficient as a matter of law. See § 38.10, Fla. Stat.; Armstrong v. Harris, 773 So. 2d 7 (Fla.2000), cert. denied, 532 U.S. 958, 121 S.Ct. 1487, 149 L.Ed.2d 374 (2001). A motion to disqualify is governed in substance by section 38.10, Florida Statutes, and procedurally by rule 2.160, Florida Rules of Judicial Administration. The rule states that “[a] motion to disqualify sha…
• Phillips v. State, 807 So. 2d 713 (Fla. 2d DCA 2002)
  …nst both “cruel punishments” and “unusual punishments.” Allen v. State, 636 So. 2d 494, 497 n. 5 (Fla.1994); [*719] Tillman v. State, 591 So. 2d 167, 169 n. 7 (Fla.1991); see also Armstrong v. Harris, 773 So. 2d 7, 17 n. 26 (Fla.2000), cert. denied, 532 U.S. 958, 121 S.Ct. 1487, 149 L.Ed.2d 374 (2001).6 Thus, the Florida Constitution provides a greater freedom in this regard than does the federal. “In short: ‘[T]he federal Constitution ... represents the floor for basic freedoms; the state constitution, the…

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