juror challenge in Florida

2023“Generally, to prevent a waiver of a juror challenge issue, the opponent must call the court’s attention to its objection, if there was an earlier objection, before the jury is sworn.” Arnold v. State, 755 So. 2d 696, 698 (Fla. 4th DCA 1999).

2023“This is done either by renewing its motion or by accepting the jury subject to the earlier objection.” Id.

2023“A party objecting to the other side’s use of a peremptory challenge on racial grounds must: a) make a timely objection on that basis, b) show that the venireperson is a member of a distinct racial group, and c) request that the court ask the striking party its reason for the strike.” Melbourne v. State, 679 So. 2d 759, 764 (Fla. 1996).

2021State v. Goodman, 696 So. 2d 940, 942-43 (Fla. 4th DCA 1997).

2018See Ruiz v. State, 743 So. 2d 1, 7 (Fla. 1999) (“When the properly preserved comments are combined with additional acts of prosecutorial overreaching set forth below, we find that the integrity of the judicial process has been compromised and the resulting convictions and sentences irreparably tainted.”). 2While a different judge presided over the first trial, the same individual acted as prosecutor in both the first and second trials. 5 Erroneous Jury Selection We must also reverse based on the trial court’s mistaken analysis related to the state’s challenge of a peremptory strike of a juror

2014In an illustrative juxtaposition, the Court in Palm Beach Newspapers, Inc. v. Burk rejected press access to unfiled depositions in a criminal proceeding by reiterating its rationale for finding a presumption of access in Lewis: Our commitment to opening the judicial process to [pretrial suppression] hearings was predicated on the fact that suppression hearings were judicial proceedings and we, therefore, provided a method for press participation because the public has “a right to know what occurs in the courts.” Discovery depositions are judicially compelled for the purpose of allowing parties

2011We have previously noted, "If an appellate court refuses to consider unpreserved error, then by definition the error could not have been fundamental.” Canatelli v. State, 961 So.2d 312, 325 (Fla.2007) (postconviction case discussing the appropriate standard to apply in a juror challenge case).

2011NOTES [1] We have previously noted, "If an appellate court refuses to consider unpreserved error, then by definition the error could not have been fundamental." Carratelli v. State, 961 So.2d 312, 325 (Fla.2007) (postconviction case discussing the appropriate standard to apply in a juror challenge case).

2007See Taylor v. Magana, 911 So.2d 1263, 1267 (Fla. 4th DCA 2005) ("`A juror who falsely misrepresents his interest or situation, or conceals a material fact relevant to the controversy, is guilty of misconduct, and such misconduct is prejudicial to the party, for it impairs his right to challenge.'") (quoting De La *420 Rosa, 659 So.2d at 241 ).

2007See Taylor v. Magana, 911 So.2d 1263, 1267 (Fla. 4th DCA 2005) ("`A juror who falsely misrepresents his interest or situation, or conceals a material fact relevant to the controversy, is guilty of misconduct, and such misconduct is prejudicial to the party, for it impairs his right to challenge.'") (quoting De La *420 Rosa, 659 So.2d at 241 ).

2007See Bryant v. State, 901 So.2d 810, 821-22 (Fla.2005).

2005The court said, “I think that if somebody doesn’t want to show up and be present during the trial and there’s no reasonable medical explanation, the jury-has an entitlement to make a decision about that.” A trial court has considerable discretion when determining whether to grant a juror challenge for cause, which will not be reversed “absent manifest error.” Ault v. State, 866 So.2d 674, 684 (Fla.2003).

2003He was sentenced to life imprisonment without the possibility of parole, as provided in section 775.082(1), Florida Statutes (1995). [13] See Trapp v. State, 760 So.2d 924, 928 (Fla.2000) (stating that defendants have standing to challenge a sentence imposed under the guidelines struck down in Heggs if the relevant criminal offense or offenses occurred on or after October 1, 1995, and before May 24, 1997).