denial of a cause challenge (Florida) · Go Syfert
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denial of a cause challenge in Florida

13 Florida opinions name it 2 courts 2000–2021 1 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
Jenkins v. Stategreen
fladistctapp · 2002 · cited in 4 Florida opinions naming this issue, 2005–2007
2 sentences

2007Anderson v. State, 467 So.2d 781, 787 (Fla. 3d DCA 1985); see also Jenkins, 824 So.2d at 982 ("A lawyer's competence in failing to make a cause challenge should not be reviewed in a 3.850 proceeding in the same way that a denial of a cause challenge is reviewed on direct appeal.

2007See Jenkins v. State, 824 So.2d 977, 981 (Fla. 4th DCA 2002) (indicating that preservation of an error concerning the denial of a cause challenge requires a request for an additional peremptory challenge and a denial of that request).

34
Conde v. Stategreen
fla · 2003 · cited in 2 Florida opinions naming this issue, 2008–2009
2 sentences

2009See Conde v. State, 860 So.2d 930, 939 (Fla.2003) (upholding the denial of a cause challenge of a juror who initially stated the death penalty should be mandatory in some instances, but later stated he could follow the court's instruction to weigh the aggravators and mitigators); Barnhill v. State, 834 So.2d 836, 845 (Fla.2002) ("[J]urors who have expressed strong feelings about the death penalty nevertheless may serve if they indicate an ability to abide by the trial court's instructions.") (quoting Johnson v. State, 660 So.2d 637, 644 (Fla.1995)).

2009See Conde v. State, 860 So.2d 930, 939 (Fla.2003) (upholding the denial of a cause challenge of a juror who initially stated the death penalty should be mandatory in some instances, but later stated he could follow the court’s instruction to weigh the aggravators and mitigators); Barnhill v. State, 834 So.2d 836, 845 (Fla.2002) (“[Jjurors who have expressed strong feelings about the death penalty nevertheless may serve if they indicate an ability to abide by the trial court’s instructions.”) (quoting Johnson v. State, 660 So.2d 637, 644 (Fla.1995)).

22
Ranglin v. Stategreen
fladistctapp · 2011 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013Ranglin v. State, 55 So.3d 744, 746 (Fla. 4th DCA 2011) (citation omitted).

11
Johnson v. Stategreen
fla · 1995 · cited in 1 Florida opinions naming this issue, 2009–2009
2 sentences

2009See Conde v. State, 860 So.2d 930, 939 (Fla.2003) (upholding the denial of a cause challenge of a juror who initially stated the death penalty should be mandatory in some instances, but later stated he could follow the court's instruction to weigh the aggravators and mitigators); Barnhill v. State, 834 So.2d 836, 845 (Fla.2002) ("[J]urors who have expressed strong feelings about the death penalty nevertheless may serve if they indicate an ability to abide by the trial court's instructions.") (quoting Johnson v. State, 660 So.2d 637, 644 (Fla.1995)).

2009See Conde v. State, 860 So.2d 930, 939 (Fla.2003) (upholding the denial of a cause challenge of a juror who initially stated the death penalty should be mandatory in some instances, but later stated he could follow the court’s instruction to weigh the aggravators and mitigators); Barnhill v. State, 834 So.2d 836, 845 (Fla.2002) (“[Jjurors who have expressed strong feelings about the death penalty nevertheless may serve if they indicate an ability to abide by the trial court’s instructions.”) (quoting Johnson v. State, 660 So.2d 637, 644 (Fla.1995)).

11
Barnhill v. Stategreen
fla · 2002 · cited in 1 Florida opinions naming this issue, 2009–2009
2 sentences

2009See Conde v. State, 860 So.2d 930, 939 (Fla.2003) (upholding the denial of a cause challenge of a juror who initially stated the death penalty should be mandatory in some instances, but later stated he could follow the court's instruction to weigh the aggravators and mitigators); Barnhill v. State, 834 So.2d 836, 845 (Fla.2002) ("[J]urors who have expressed strong feelings about the death penalty nevertheless may serve if they indicate an ability to abide by the trial court's instructions.") (quoting Johnson v. State, 660 So.2d 637, 644 (Fla.1995)).

2009See Conde v. State, 860 So.2d 930, 939 (Fla.2003) (upholding the denial of a cause challenge of a juror who initially stated the death penalty should be mandatory in some instances, but later stated he could follow the court’s instruction to weigh the aggravators and mitigators); Barnhill v. State, 834 So.2d 836, 845 (Fla.2002) (“[Jjurors who have expressed strong feelings about the death penalty nevertheless may serve if they indicate an ability to abide by the trial court’s instructions.”) (quoting Johnson v. State, 660 So.2d 637, 644 (Fla.1995)).

11
Kopsho v. Stategreen
fla · 2007 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008This Court has previously held that "[i]n order to preserve such an issue for appeal, Florida law requires a defendant to object to the jurors, show that he or she has exhausted all peremptory challenges and requested more that were denied, and identify a specific juror that he or she would have excused if possible." Kearse v. State, 770 So.2d 1119, 1128 (Fla.2000); accord Kopsho v. State, 959 So.2d 168, 172-73 (Fla.2007).

11
Kearse v. Stategreen
fla · 2000 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008This Court has previously held that "[i]n order to preserve such an issue for appeal, Florida law requires a defendant to object to the jurors, show that he or she has exhausted all peremptory challenges and requested more that were denied, and identify a specific juror that he or she would have excused if possible." Kearse v. State, 770 So.2d 1119, 1128 (Fla.2000); accord Kopsho v. State, 959 So.2d 168, 172-73 (Fla.2007).

11
Anderson v. Stategreen
fladistctapp · 1985 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007Anderson v. State, 467 So.2d 781, 787 (Fla. 3d DCA 1985); see also Jenkins, 824 So.2d at 982 ("A lawyer's competence in failing to make a cause challenge should not be reviewed in a 3.850 proceeding in the same way that a denial of a cause challenge is reviewed on direct appeal.

11
Lebron v. Stategreen
fla · 2001 · cited in 1 Florida opinions naming this issue, 2003–2003
1 sentence

2003Cf. Lebron v. State, 799 So.2d 997, 1014 (Fla.2001) (juror's nondisclosure warrants new trial only where information was relevant and material to jury service in the case, juror concealed the information, and failure to disclose was not attributable to counsel's lack of diligence). [7] In so holding, we note that Conde was permitted to peremptorily challenge Rolle, who therefore did not sit on the jury. [8] Having lost his argument regarding the collateral crimes evidence, Conde thereafter moved to consolidate the counts for trial, despite the fact that they were originally severed on his own

11
Kearse v. Stategreen
fla · 1995 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000See Kearse v. State, 662 So.2d 677 (Fla.1995); Trotter v. State, 576 So.2d 691 (Fla.1990); Dobek v. Ans, 560 So.2d 328 (Fla. 4th DCA 1990); Hammond v. State, 727 So.2d 979 (Fla. 2d DCA 1999).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Carratelli v. State green
fla · 2007
2 sentences

2021This result would be untenable because it would effectively mean that there is no appellate recourse for the denial of a cause challenge when the appellate record manifestly demonstrates “reasonable doubt” as to the juror’s impartiality and objectively demonstrates that the trial judge failed to resolve “ambiguities or uncertainties about a juror’s impartiality . . . in favor of excusing the juror.” Carratelli, 961 So. 2d at 318 .

2011Id.

22011–2021
Matarranz v. State green
fla · 2013
1 sentence

2014In Matarranz , the Florida Supreme Court applied these age-old principles, including much of the case law cited herein, in reviewing the denial of a cause challenge of a juror who indicated that she had been the victim of one of the offenses with which the defendant had been charged (burglary) and repeatedly and expressly stated during voir dire that she did not believe she could be fair. 133 So.3d at 477-481 .

12014–2014
Kline E. Goeders v. Thomas E. Hundley green
ca8 · 1995
1 sentence

2007In Jenkins , the court recognized that "[a] lawyer's competence in failing to make a cause challenge should not be reviewed in a 3.850 proceeding in the same way that a denial of a cause challenge is reviewed on direct appeal." Id. at 982 .

12007–2007
Carratelli v. State green
fladistctapp · 2005
1 sentence

2006To do so is to undermine the trial process and to nullify the reasons for requiring a timely objection in the first place." Carratelli, 915 So.2d at 1258 .

12006–2006
Dobek v. Ans green
fladistctapp · 1990
1 sentence

2000See Kearse v. State, 662 So.2d 677 (Fla.1995); Trotter v. State, 576 So.2d 691 (Fla.1990); Dobek v. Ans, 560 So.2d 328 (Fla. 4th DCA 1990); Hammond v. State, 727 So.2d 979 (Fla. 2d DCA 1999).

12000–2000
Trotter v. State green
fla · 1990
1 sentence

2000See Kearse v. State, 662 So.2d 677 (Fla.1995); Trotter v. State, 576 So.2d 691 (Fla.1990); Dobek v. Ans, 560 So.2d 328 (Fla. 4th DCA 1990); Hammond v. State, 727 So.2d 979 (Fla. 2d DCA 1999).

12000–2000
Hammond v. State green
fladistctapp · 1999
1 sentence

2000See Kearse v. State, 662 So.2d 677 (Fla.1995); Trotter v. State, 576 So.2d 691 (Fla.1990); Dobek v. Ans, 560 So.2d 328 (Fla. 4th DCA 1990); Hammond v. State, 727 So.2d 979 (Fla. 2d DCA 1999).

12000–2000

Statutes the citing opinions construe

FL § 921.141 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

FL 13 (2000–2021) LA 4 (2000–2006)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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