bias standard in Florida

2020“Under the actual bias standard, the defendant must demonstrate that the juror in question was not impartial—i.e., that the juror was biased against the defendant, and the evidence of bias must be plain on the face of the record.” Id.

2014The actual bias standard requires a showing that the questionable juror was not impartial, that is, “was biased against the defendant, and the evidence of bias must be plain on the face of the record.” Id. (citing Patton v. Yount, 467 U.S. 1025, 1038-40 (1984)).

2014The actual bias standard requires a showing that the questionable juror was not impartial, that is, “was biased against the defendant, and the evidence of bias must be plain on the face of the record.” Id. (citing Patton v. Yount, 467 U.S. 1025, 1038-40 , 104 S.Ct. 2885 , 81 L.Ed.2d 847 (1984)).

2014The actual bias standard requires a showing that the questionable juror was not impartial, that is, “was biased against the defendant, and the evidence of bias must be plain on the face of the record.” Id. (citing Patton v. Yount, 467 U.S. 1025, 1038-40 (1984)).

2014In other words, the test for juror competency is whether a juror “can lay aside any bias or prejudice and render [his or her] verdict solely upon the evidence presented and the instructions on the law given to [him or her] by the court.” Id. (quoting Lusk v. State, 446 So. 2d 1038, 1041 (Fla. 1984)).

2011Under the actual bias standard, the defendant must demonstrate that the juror in question was not impartial— i.e., that the juror was biased against the defendant, and the evidence of bias must be plain on the face of the record. 961 So.2d at 324 (citations omitted) (emphasis supplied) (quoting Lusk v. State, 446 So.2d 1038, 1041 (Fla.1984)).

2021See id. at 16-17 .

2020Moreover, to establish actual bias, the record must show “something more than mere doubt about [the] juror’s impartiality.” Mosley v. State, 209 So. 3d 1248, 1265 (Fla. 2016).

2015See Uribe, 890 F.2d at 562 (“To be accorded weight, a bias claim requires more than subjective characterizations un-anchored in the realities of human experience.”); Boney, 977 F.2d at 633 (“A per se rule [requiring a new trial whenever a felon serves on a jury] would be appropriate, therefore, only if one could reasonably conclude that felons are always biased against one party or another.

2015See Uribe, 890 F.2d at 562 (“To be accorded weight, a bias claim requires more than subjective characterizations unanchored in the realities of human experience.”); Boney, 977 F.2d at 633 (“A per se rule [requiring a new trial whenever a felon serves on a jury] would be appropriate, therefore, only if one could reasonably conclude that felons are always biased against one party or another.

2015See Uribe, 890 F.2d at 562 (“To be accorded weight, a bias claim requires more than subjective characterizations un-anchored in the realities of human experience.”); Boney, 977 F.2d at 633 (“A per se rule [requiring a new trial whenever a felon serves on a jury] would be appropriate, therefore, only if one could reasonably conclude that felons are always biased against one party or another.

2015See Uribe, 890 F.2d at 562 (“To be accorded weight, a bias claim requires more than subjective characterizations unanchored in the realities of human experience.”); Boney, 977 F.2d at 633 (“A per se rule [requiring a new trial whenever a felon serves on a jury] would be appropriate, therefore, only if one could reasonably conclude that felons are always biased against one party or another.

2011To be entitled to relief, the defendant must show that the juror “was actually biased, not merely that there was doubt about her impartiality.” Owen v. State, 986 So.2d 534, 550 (Fla.2008).

2007See Carratelli II, 915 So.2d at 1260 (citing Jenkins, 824 So.2d at 982 ); see also Patton v. Yount, 467 U.S. 1025, 1038-40 , 104 S.Ct. 2885 , 81 L.Ed.2d 847 (1984) (stating that in habeas review a state court's findings are presumed correct and that although the record showing the ambiguous voir dire answers of three jurors challenged for cause "arouses some concern, only the trial judge could tell which of these answers was said with the greatest comprehension and certainty").

2007See Carratelli II, 915 So.2d at 1260 (citing Jenkins, 824 So.2d at 982 ); see also Patton v. Yount, 467 U.S. 1025, 1038-40 , 104 S.Ct. 2885 , 81 L.Ed.2d 847 (1984) (stating that in habeas review a state court's findings are presumed correct and that although the record showing the ambiguous voir dire answers of three jurors challenged for cause "arouses some concern, only the trial judge could tell which of these answers was said with the greatest comprehension and certainty").

2007Then, in reviewing Carratelli's ineffective assistance claim in his 3.850 motion, the en banc court applied to these facts the actual bias standard we adopt here and held that "[j]uror Inman's slight familiarity with the case did not rise to that level of actual bias necessary for postconviction relief." Carratelli II, 915 So.2d at 1261 .