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…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
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.