JOSEPH A. FARTO, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Love v. State, 569 So. 2d 807 (Fla. 1st DCA 1990)
  …strial which is denied; 2) where the defendant can demonstrate that there was prejudice as a result of the improper communication; or 3) the judge is sitting as the trier of fact. See Livingston v. State, 441 So. 2d 1083 (Fla.1983); State v. Steele, 348 So. 2d 398 (Fla. 3rd DCA 1977). In the instant case, there has been no showing that the inappropriate behavior of the trial judge prejudiced the defendant.1 The defense counsel never requested that the judge recuse himself or that the trial be terminated. The…
• Hank Mathew v. State, 837 So. 2d 1167 (Fla. 4th DCA 2003)
  …any manner where his qualification to do so is seriously brought into question. The exercise of any other policy tends to discredit and place the judiciary in a compromising attitude which is bad for the administration of justice. State v. Steele, 348 So. 2d 398, 401 (Fla. 3d DCA 1977). During opening statement, direct examination, cross examination and closing argument, the trial judge repeatedly, and without objection, commented that he believed defense counsel’s actions were improper. The court refused…
• Pistorino v. Ferguson, 386 So. 2d 65 (Fla. 3d DCA 1980)
  …o the proposition that the due process guarantee of a fair trial contains in its core the principle that every litigant is entitled to nothing less than the cold neutrality of an impartial judge. State ex rel. Davis v. Parks, supra; State v. Steele, 348 So. 2d 398 (Fla. 3d DCA 1977). Where the judge is conscious of any bias or prejudice which might influence his official action against any party to the litigation, he should decline to officiate whether challenged or not. McGregor v. Hammock, 101 Fla. 1170, 13…

Authorities Cited

• Capitol Indem. Ins. Co. v. State, 86 So. 2d 156 (Fla. 1956)
• Lydem v. Lilia Rojas DePIERA and Henri F. Withington and Gladys Withington, 147 So. 2d 573 (Fla. 3d DCA 1962)