Mr. Thompson was sentenced to life in prison after being convicted of sexual battery. At one point before his trial, the judge and lawyers discussed alleged threats Mr. Thompson made against them and the judge commented that if Mr. Thompson was convicted he would be in prison for life. Mr. Thompson's attorney filed a motion to disqualify the judge, and the judge denied the motion as untimely. On appeal, the First District Court of Appeal upheld the conviction and sentence. Mr. Thompson filed a post-conviction challenge in circuit court, arguing that he received ineffective assistance because his attorney failed to timely file a motion to disqualify the judge. The circuit court denied relief, and the First District Court of Appeal affirmed.