What is a Petition for Writ of Prohibition? Death Penalty Defense and Petitions for Writs
In Florida, several requests can be filed with the appellate court while a death penalty trial is ongoing. Parties can seek appellate review and issuance of appellate exercises of power that include writs of mandamus, prohibition, quo warranto, certiorari, and habeas corpus, and all writs necessary to the complete exercise of the courts’ jurisdiction as well as for review of nonfinal administrative action. See, Article V, section 4(b)(3) of the Florida Constitution; Florida Rules of Appellate Procedure 9.100 (Original Proceedings).
Lenamon Files Petition for Writ of Prohibition During Loyd Trial
Terence Lenamon recently filed a petition with a Florida appeals court in the Markeith Loyd death penalty case. The filing is requesting a writ of prohibition restraining the Honorable Frederick Lauten, Chief Judge of the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida, from presiding as the judge in this matter.
It is being sought following “the denial of a timely filed motion for disqualification where Mr. Loyd established that he is fearful that he will not receive a fair trial, or that he will suffer prejudice or bias from the court. This petition is premised on the Florida Rules of Judicial Administration, Florida Statutes, and the Florida Code of Judicial Conduct, all of which require that a judge disqualify himself once the defendant has established a reasonable fear that he will not obtain a fair hearing.”
What is a Writ of Prohibition?
Writs are a integral component of our justice system; historically, they originated in the courts of Great Britain (for a history of the use of writs in England, India, etc. go here).
In sum, a writ is an official action taken by a higher court (like the Florida appellate court), ordering a lower court to do something – or to stop doing something.
In Mr. Lenamon’s request, he is seeking the appellate court’s review of the disqualification motion filed in the Markeith Loyd matter, where the defense requested the trial judge recuse himself, which was denied.
What are the details here? Why ask that the judge not preside over the case? There are several arguments, which are detailed along with their factual support in the Petition itself.
Full Text of Petition for Writ of Prohibition in Florida’s Markeith Loyd Death Penalty Case
To review a true and correct copy of the Petition for Writ of Prohibition filed by Terry Lenamon in the Markeith Loyd matter, click on the image below. The court filing has been uploaded into the Terry Lenamon Online Library: