THE STATE OF FLORIDA, PETITIONER,
v.
ZEBEDEE JOHNSON, JR., ALSO KNOWN AS HENRY WILLIAMS, RESPONDENT
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PER CURIAM.
The state has filed a common law petition for writ of certiorari, seeking to contest an order granting the defendant’s motion for discharge in a criminal proceeding for failure to try him within the period provided under the speedy trial rule.
The court set the matter on its own motion to determine jurisdiction to entertain this petition. It is the petitioner’s contention that he has no adequate remedy by appeal and that, therefore, a petition for certiorari is appropriate. However, we note that the order granting a motion for discharge is in the nature of a final disposition of the proceeding in the trial court and would be subject to being reviewed upon a notice of appeal. Pena v. Schultz, Fla.1971, 245 So. 2d 49; State v. Mims, Fla.App.1972, 267 So. 2d 52; State v. Lott, Fla.1973, 286 So. 2d 565.
Certiorari dismissed.
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Love v. State, 569 So. 2d 807 (Fla. 1st DCA 1990)…kenson v. Parks, 104 Fla. 577, 140 So. 459 (1932); State ex rel. Mickle v. Rowe, 100 Fla. 1382, 131 So. 331 (1930). A judge must not only be impartial, he must leave the impression of impartiality upon all those who attend court. Anderson v. State, 287 So. 2d 322 (Fla. 1st DCA 1973). “The attitude of the judge and the atmosphere of the courtroom should indeed be such that no matter what charge is lodged against a litigant or what cause he is called on to litigate, he can approach the bar with every assurance…
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State v. W. A. M., 412 So. 2d 49 (Fla. 5th DCA 1982)…that the State does have a constitutional right of appeal from final judgments 1 in juvenile cases. An order discharging a defendant on speedy trial grounds is a final order. [*51] State v. Wise, 336 So. 2d 3 (Fla. 4th DCA 1976); State v. Johnson, 287 So. 2d 322 (Fla. 3d DCA 1974); State v. Mims, 267 So. 2d 52 (Fla. 1st DCA 1972). In this case, the juvenile was not brought to an adjudicatory hearing within the time provided by Florida Rule of Juvenile Procedure 8.180(a). However, within the time provisions…
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Stein v. State, 995 So. 2d 329 (Fla. 2008)…na Life & Cas. Co. v. Thorn, 319 So. 2d 82 (Fla. 3d DCA 1976) (“A judge occupies such a particular position in the affairs of other men that not only must he be free of evil intent but he must also avoid the appearance of evil.”); Anderson v. State, 287 So. 2d 322 (Fla. 1st DCA 1973) (“A judge must not only be impartial, but he should leave the impression of his impartiality upon all who attend court.... The appearance of and absolute impartiality is [sic] essential. There must be no taint of any lack of obje…
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- State v. Lott, 286 So. 2d 565 (Fla. 1973)
- Pena v. Schultz, 245 So. 2d 49 (Fla. 1971)
- State v. Mims, 267 So. 2d 52 (Fla. 1st DCA 1972)