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Christina Paylan v. Florida

Paid petition · Supreme Court of Florida, No. SC2024-0222 · judgment May 28, 2024


Certiorari denied · October 21, 2024
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

This petition exposes the vacuum in Florida’s appellate judicial disqualification mechanism that creates a constitutional infirmity for all Floridians. Every state in the nation, but Florida has rules, statutes or adopted code of judicial conduct that is equal to force of law, governing disqualification of appellate court judges. Is Florida’s arbitrary, rudderless standard for disqualification of appellate judges a violation of due process where Florida State Supreme Court declined to disqualify an appellate judge relying on procedural grounds in spite of the fact that the appellate judge parachuted back into the same criminal case after revoking his own previous disqualification and doing so without any written explanation? In the absence of any rule or statute, is it also violation of due process for Florida Supreme Court to decline disqualification of another appellate judge on the same panel relying on procedural grounds, in light of the substantive grounds stemming from remarks by this judge at oral argument, that include but are not limited to the remark that that the party is a “perjurer” where the appellate record is void of any evidence of conviction or even an allegation of perjury? Under federal law, are Floridians deprived of their right to fair trial in criminal cases because Florida is the only state in the nation to has no rules or statutes governing the disqualification of appellate judges? (i)

Counsel of record

For petitioner
Christina Paylan

For respondent
Marilyn Frances Muir
Office of the Attorney General, State of Florida

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 21 2024
    Petition DENIED.
  2. Oct 02 2024
    DISTRIBUTED for Conference of 10/18/2024.
  3. Sep 30 2024
    Waiver of right of respondent Florida to respond filed.
  4. Aug 25 2024
    Petition for a writ of certiorari filed. (Response due October 21, 2024)