posted 2021 | State v. BB (Hillsborough County)
A great lawyer is not afraid to challenge whether a judge can be fair. Mr. Forman removed yet another judge (fourth time) from presiding over his client’s motion for post-conviction relief- a very difficult task. The client was convicted of capital sexual battery and lewd molestation. His appeal was handled by his trial lawyer, which was denied. The client and his family always thought the judge was biased against him, but it is often hard to prove. The client received two life sentences.
Mr. Forman was hired to file a motion for post-conviction relief seeking a new trial. While reading the transcripts of the sentencing proceeding, Mr. Forman noticed some comments made by the court that would indicate that the judge could not be fair when considering his motion.
Mr. Forman filed his motion for post-conviction relief, along with a motion to remove the judge from hearing the motion. Surprisingly, the judge granted the motion to remove the judge! The client’s motion for post-conviction relief will now be heard before a new judge. The client and his family are ecstatic, although he still has a long road ahead of him.
