Hispanic defendant in Florida

5 Florida opinions name it 2 courts 1989–2005 0 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 (3)

Case	Followed	Cited
Hernandez v. New Yorkgreen scotus · 1991 · cited in 2 Florida opinions naming this issue, 1995–1997 2 sentences 1997When, as here, there is no reason in common sense, legal intuition or the record to overcome "the presumption that peremptories will be exercised in a non-discriminatory manner," Neil, 457 So.2d at 486 ; State v. Johans, 613 So.2d 1319 (Fla.1993), or to justify a finding of "discriminatory intent," which is the critical, indeed the only, issue in question, see Hernandez v. New York, 500 U.S. 352, 359 , 111 S.Ct. 1859, 1866 , 114 L.Ed.2d 395, 406 (1991), no strike may be countermanded. 1997When, as here, there is no reason in common sense, legal intuition or the record to overcome "the presumption that peremptories will be exercised in a non-discriminatory manner," Neil, 457 So.2d at 486 ; State v. Johans, 613 So.2d 1319 (Fla.1993), or to justify a finding of "discriminatory intent," which is the critical, indeed the only, issue in question, see Hernandez v. New York, 500 U.S. 352, 359 , 111 S.Ct. 1859, 1866 , 114 L.Ed.2d 395, 406 (1991), no strike may be countermanded.	2	2
State v. Slappygreen fla · 1988 · cited in 2 Florida opinions naming this issue, 1995–1997 2 sentences 1997T.B., 511 U.S. 127 , 114 S.Ct. 1419 , 128 L.Ed.2d 89 (1994)(defendant's challenge to female juror in paternity action); Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986) (prosecutions's challenge to black juror in case with black defendant); Slappy, 522 So.2d at 18 (same); State v. Neil, 457 So.2d 481 (Fla.1984) (same); Abshire v. State, 642 So.2d 542 (Fla.1994)(state's challenge to exclude women with male defendant); State v. Alen, 616 So.2d 452 (Fla.1993) (prosecution's challenge to Hispanic juror in case with Hispanic defendant); Joseph v. State, 636 So.2d 777 (Fla. 3d 1995T.B., ___ U.S. ___, 114 S.Ct. 1419 , 128 L.Ed.2d 89 (1994) (defendant's challenge to female juror in paternity action); Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986) (prosecution's challenge to black juror in case with black defendant); Slappy, 522 So.2d at 18 (same); State v. Neil, 457 So.2d 481 (Fla. 1984) (same); Abshire v. State, 642 So.2d 542 (Fla. 1994) (state's challenge to exclude women with male defendant); State v. Alen, 616 So.2d 452 (Fla. 1993) (prosecution's challenge to Hispanic juror in case with Hispanic defendant); Joseph v. State, 636 So.2d 777 (Fla.	2	2
Inquiry Concerning a Judge Re Fletchergreen fla · 1995 · cited in 1 Florida opinions naming this issue, 2005–2005 1 sentence 2005The JQC did not identify a single judicial canon that Judge Diaz’s actions violated, and I cannot agree to discipline a judge based on conduct that, in my view, does not violate a specific canon. “[F]or this Court to act blindly on a stipulation and recommendation ... reduces the Court to little more than a rubber-stamp in the review process.” In re Fletcher, 664 So.2d 934, 936 (Fla.1995).	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (15)

Case	Cited	Years
State v. Neil green fla · 1984 2 sentences 1997T.B., 511 U.S. 127 , 114 S.Ct. 1419 , 128 L.Ed.2d 89 (1994)(defendant's challenge to female juror in paternity action); Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986) (prosecutions's challenge to black juror in case with black defendant); Slappy, 522 So.2d at 18 (same); State v. Neil, 457 So.2d 481 (Fla.1984) (same); Abshire v. State, 642 So.2d 542 (Fla.1994)(state's challenge to exclude women with male defendant); State v. Alen, 616 So.2d 452 (Fla.1993) (prosecution's challenge to Hispanic juror in case with Hispanic defendant); Joseph v. State, 636 So.2d 777 (Fla. 3d 1995T.B., ___ U.S. ___, 114 S.Ct. 1419 , 128 L.Ed.2d 89 (1994) (defendant's challenge to female juror in paternity action); Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986) (prosecution's challenge to black juror in case with black defendant); Slappy, 522 So.2d at 18 (same); State v. Neil, 457 So.2d 481 (Fla. 1984) (same); Abshire v. State, 642 So.2d 542 (Fla. 1994) (state's challenge to exclude women with male defendant); State v. Alen, 616 So.2d 452 (Fla. 1993) (prosecution's challenge to Hispanic juror in case with Hispanic defendant); Joseph v. State, 636 So.2d 777 (Fla.	2	1995–1997
State v. Johans green fla · 1993 2 sentences 1997When, as here, there is no reason in common sense, legal intuition or the record to overcome "the presumption that peremptories will be exercised in a non-discriminatory manner," Neil, 457 So.2d at 486 ; State v. Johans, 613 So.2d 1319 (Fla.1993), or to justify a finding of "discriminatory intent," which is the critical, indeed the only, issue in question, see Hernandez v. New York, 500 U.S. 352, 359 , 111 S.Ct. 1859, 1866 , 114 L.Ed.2d 395, 406 (1991), no strike may be countermanded. 1995When, as here, there is no reason in common sense, legal intuition or the record to overcome "the presumption that peremptories will be exercised in a non-discriminatory manner," Neil, 457 So.2d at 486 ; State v. Johans, 613 So.2d 1319 (Fla. 1993), or to justify a finding of "discriminatory intent," which is the critical, indeed the only, issue in question, see Hernandez v. New York, 500 U.S. 352, 359 , 111 S.Ct. 1859, 1866 , 114 L.Ed.2d 395, 406 (1991), no strike may be countermanded.	2	1995–1997
Batson v. Kentucky green scotus · 1986 2 sentences 1997T.B., 511 U.S. 127 , 114 S.Ct. 1419 , 128 L.Ed.2d 89 (1994)(defendant's challenge to female juror in paternity action); Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986) (prosecutions's challenge to black juror in case with black defendant); Slappy, 522 So.2d at 18 (same); State v. Neil, 457 So.2d 481 (Fla.1984) (same); Abshire v. State, 642 So.2d 542 (Fla.1994)(state's challenge to exclude women with male defendant); State v. Alen, 616 So.2d 452 (Fla.1993) (prosecution's challenge to Hispanic juror in case with Hispanic defendant); Joseph v. State, 636 So.2d 777 (Fla. 3d 1997T.B., 511 U.S. 127 , 114 S.Ct. 1419 , 128 L.Ed.2d 89 (1994)(defendant's challenge to female juror in paternity action); Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986) (prosecutions's challenge to black juror in case with black defendant); Slappy, 522 So.2d at 18 (same); State v. Neil, 457 So.2d 481 (Fla.1984) (same); Abshire v. State, 642 So.2d 542 (Fla.1994)(state's challenge to exclude women with male defendant); State v. Alen, 616 So.2d 452 (Fla.1993) (prosecution's challenge to Hispanic juror in case with Hispanic defendant); Joseph v. State, 636 So.2d 777 (Fla. 3d	2	1995–1997
Abshire v. State green fla · 1994 2 sentences 1997T.B., 511 U.S. 127 , 114 S.Ct. 1419 , 128 L.Ed.2d 89 (1994)(defendant's challenge to female juror in paternity action); Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986) (prosecutions's challenge to black juror in case with black defendant); Slappy, 522 So.2d at 18 (same); State v. Neil, 457 So.2d 481 (Fla.1984) (same); Abshire v. State, 642 So.2d 542 (Fla.1994)(state's challenge to exclude women with male defendant); State v. Alen, 616 So.2d 452 (Fla.1993) (prosecution's challenge to Hispanic juror in case with Hispanic defendant); Joseph v. State, 636 So.2d 777 (Fla. 3d 1995T.B., ___ U.S. ___, 114 S.Ct. 1419 , 128 L.Ed.2d 89 (1994) (defendant's challenge to female juror in paternity action); Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986) (prosecution's challenge to black juror in case with black defendant); Slappy, 522 So.2d at 18 (same); State v. Neil, 457 So.2d 481 (Fla. 1984) (same); Abshire v. State, 642 So.2d 542 (Fla. 1994) (state's challenge to exclude women with male defendant); State v. Alen, 616 So.2d 452 (Fla. 1993) (prosecution's challenge to Hispanic juror in case with Hispanic defendant); Joseph v. State, 636 So.2d 777 (Fla.	2	1995–1997
JEB v. Alabama Ex Rel. TB green scotus · 1994 2 sentences 1997T.B., 511 U.S. 127 , 114 S.Ct. 1419 , 128 L.Ed.2d 89 (1994)(defendant's challenge to female juror in paternity action); Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986) (prosecutions's challenge to black juror in case with black defendant); Slappy, 522 So.2d at 18 (same); State v. Neil, 457 So.2d 481 (Fla.1984) (same); Abshire v. State, 642 So.2d 542 (Fla.1994)(state's challenge to exclude women with male defendant); State v. Alen, 616 So.2d 452 (Fla.1993) (prosecution's challenge to Hispanic juror in case with Hispanic defendant); Joseph v. State, 636 So.2d 777 (Fla. 3d 1997T.B., 511 U.S. 127 , 114 S.Ct. 1419 , 128 L.Ed.2d 89 (1994)(defendant's challenge to female juror in paternity action); Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986) (prosecutions's challenge to black juror in case with black defendant); Slappy, 522 So.2d at 18 (same); State v. Neil, 457 So.2d 481 (Fla.1984) (same); Abshire v. State, 642 So.2d 542 (Fla.1994)(state's challenge to exclude women with male defendant); State v. Alen, 616 So.2d 452 (Fla.1993) (prosecution's challenge to Hispanic juror in case with Hispanic defendant); Joseph v. State, 636 So.2d 777 (Fla. 3d	2	1995–1997
Joseph v. State green fladistctapp · 1994 2 sentences 1997T.B., 511 U.S. 127 , 114 S.Ct. 1419 , 128 L.Ed.2d 89 (1994)(defendant's challenge to female juror in paternity action); Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986) (prosecutions's challenge to black juror in case with black defendant); Slappy, 522 So.2d at 18 (same); State v. Neil, 457 So.2d 481 (Fla.1984) (same); Abshire v. State, 642 So.2d 542 (Fla.1994)(state's challenge to exclude women with male defendant); State v. Alen, 616 So.2d 452 (Fla.1993) (prosecution's challenge to Hispanic juror in case with Hispanic defendant); Joseph v. State, 636 So.2d 777 (Fla. 3d 1995T.B., ___ U.S. ___, 114 S.Ct. 1419 , 128 L.Ed.2d 89 (1994) (defendant's challenge to female juror in paternity action); Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986) (prosecution's challenge to black juror in case with black defendant); Slappy, 522 So.2d at 18 (same); State v. Neil, 457 So.2d 481 (Fla. 1984) (same); Abshire v. State, 642 So.2d 542 (Fla. 1994) (state's challenge to exclude women with male defendant); State v. Alen, 616 So.2d 452 (Fla. 1993) (prosecution's challenge to Hispanic juror in case with Hispanic defendant); Joseph v. State, 636 So.2d 777 (Fla.	2	1995–1997
State v. Alen green fla · 1993 2 sentences 1997T.B., 511 U.S. 127 , 114 S.Ct. 1419 , 128 L.Ed.2d 89 (1994)(defendant's challenge to female juror in paternity action); Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986) (prosecutions's challenge to black juror in case with black defendant); Slappy, 522 So.2d at 18 (same); State v. Neil, 457 So.2d 481 (Fla.1984) (same); Abshire v. State, 642 So.2d 542 (Fla.1994)(state's challenge to exclude women with male defendant); State v. Alen, 616 So.2d 452 (Fla.1993) (prosecution's challenge to Hispanic juror in case with Hispanic defendant); Joseph v. State, 636 So.2d 777 (Fla. 3d 1995T.B., ___ U.S. ___, 114 S.Ct. 1419 , 128 L.Ed.2d 89 (1994) (defendant's challenge to female juror in paternity action); Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986) (prosecution's challenge to black juror in case with black defendant); Slappy, 522 So.2d at 18 (same); State v. Neil, 457 So.2d 481 (Fla. 1984) (same); Abshire v. State, 642 So.2d 542 (Fla. 1994) (state's challenge to exclude women with male defendant); State v. Alen, 616 So.2d 452 (Fla. 1993) (prosecution's challenge to Hispanic juror in case with Hispanic defendant); Joseph v. State, 636 So.2d 777 (Fla.	2	1995–1997
Betancourt v. State green fladistctapp · 1995 1 sentence 1996Cf. Betancourt v. State, 650 So.2d 1021 (Fla. 3d DCA), rev. denied, 659 So.2d 272 (Fla.1995) (no basis to imply racial reason where Hispanic defendant challenged Hispanic prospective juror).	1	1996–1996
Moore v. State green fladistctapp · 1989 1 sentence 1989This court, however, has held repeatedly that “[a] defendant, whatever his race, has standing to challenge the arbitrary exclusion of members of any race for grand or petit jury service.” Castillo v. State, 466 So.2d 7 , 8 n. 1 (Fla. 3d DCA 1985) (following Peters v. Kiff, 407 U.S. 493 , 92 S.Ct. 2163 , 33 L.Ed.2d 83 (1972)), approved in part, quashed in part on other grounds, 486 So.2d 565 (Fla.1986); Rodriguez v. State, 539 So.2d 612 (Fla. 3d DCA 1989); Parrish v. State, 540 So.2d 870 (Fla. 3d DCA 1989); Hernandez v. State, 538 So.2d 521 (Fla. 3d DCA 1989); Del Sol v. State, 537 So.2d 693 (F	1	1989–1989
Castillo v. State neutral fladistctapp · 1985 1 sentence 1989This court, however, has held repeatedly that “[a] defendant, whatever his race, has standing to challenge the arbitrary exclusion of members of any race for grand or petit jury service.” Castillo v. State, 466 So.2d 7 , 8 n. 1 (Fla. 3d DCA 1985) (following Peters v. Kiff, 407 U.S. 493 , 92 S.Ct. 2163 , 33 L.Ed.2d 83 (1972)), approved in part, quashed in part on other grounds, 486 So.2d 565 (Fla.1986); Rodriguez v. State, 539 So.2d 612 (Fla. 3d DCA 1989); Parrish v. State, 540 So.2d 870 (Fla. 3d DCA 1989); Hernandez v. State, 538 So.2d 521 (Fla. 3d DCA 1989); Del Sol v. State, 537 So.2d 693 (F	1	1989–1989
Hernandez v. State neutral fladistctapp · 1989 1 sentence 1989This court, however, has held repeatedly that “[a] defendant, whatever his race, has standing to challenge the arbitrary exclusion of members of any race for grand or petit jury service.” Castillo v. State, 466 So.2d 7 , 8 n. 1 (Fla. 3d DCA 1985) (following Peters v. Kiff, 407 U.S. 493 , 92 S.Ct. 2163 , 33 L.Ed.2d 83 (1972)), approved in part, quashed in part on other grounds, 486 So.2d 565 (Fla.1986); Rodriguez v. State, 539 So.2d 612 (Fla. 3d DCA 1989); Parrish v. State, 540 So.2d 870 (Fla. 3d DCA 1989); Hernandez v. State, 538 So.2d 521 (Fla. 3d DCA 1989); Del Sol v. State, 537 So.2d 693 (F	1	1989–1989
Rodriguez v. State neutral fladistctapp · 1989 1 sentence 1989This court, however, has held repeatedly that “[a] defendant, whatever his race, has standing to challenge the arbitrary exclusion of members of any race for grand or petit jury service.” Castillo v. State, 466 So.2d 7 , 8 n. 1 (Fla. 3d DCA 1985) (following Peters v. Kiff, 407 U.S. 493 , 92 S.Ct. 2163 , 33 L.Ed.2d 83 (1972)), approved in part, quashed in part on other grounds, 486 So.2d 565 (Fla.1986); Rodriguez v. State, 539 So.2d 612 (Fla. 3d DCA 1989); Parrish v. State, 540 So.2d 870 (Fla. 3d DCA 1989); Hernandez v. State, 538 So.2d 521 (Fla. 3d DCA 1989); Del Sol v. State, 537 So.2d 693 (F	1	1989–1989
State v. Castillo green fla · 1986 1 sentence 1989This court, however, has held repeatedly that “[a] defendant, whatever his race, has standing to challenge the arbitrary exclusion of members of any race for grand or petit jury service.” Castillo v. State, 466 So.2d 7 , 8 n. 1 (Fla. 3d DCA 1985) (following Peters v. Kiff, 407 U.S. 493 , 92 S.Ct. 2163 , 33 L.Ed.2d 83 (1972)), approved in part, quashed in part on other grounds, 486 So.2d 565 (Fla.1986); Rodriguez v. State, 539 So.2d 612 (Fla. 3d DCA 1989); Parrish v. State, 540 So.2d 870 (Fla. 3d DCA 1989); Hernandez v. State, 538 So.2d 521 (Fla. 3d DCA 1989); Del Sol v. State, 537 So.2d 693 (F	1	1989–1989
Peters v. Kiff green scotus · 1972 2 sentences 1989This court, however, has held repeatedly that “[a] defendant, whatever his race, has standing to challenge the arbitrary exclusion of members of any race for grand or petit jury service.” Castillo v. State, 466 So.2d 7 , 8 n. 1 (Fla. 3d DCA 1985) (following Peters v. Kiff, 407 U.S. 493 , 92 S.Ct. 2163 , 33 L.Ed.2d 83 (1972)), approved in part, quashed in part on other grounds, 486 So.2d 565 (Fla.1986); Rodriguez v. State, 539 So.2d 612 (Fla. 3d DCA 1989); Parrish v. State, 540 So.2d 870 (Fla. 3d DCA 1989); Hernandez v. State, 538 So.2d 521 (Fla. 3d DCA 1989); Del Sol v. State, 537 So.2d 693 (F 1989This court, however, has held repeatedly that “[a] defendant, whatever his race, has standing to challenge the arbitrary exclusion of members of any race for grand or petit jury service.” Castillo v. State, 466 So.2d 7 , 8 n. 1 (Fla. 3d DCA 1985) (following Peters v. Kiff, 407 U.S. 493 , 92 S.Ct. 2163 , 33 L.Ed.2d 83 (1972)), approved in part, quashed in part on other grounds, 486 So.2d 565 (Fla.1986); Rodriguez v. State, 539 So.2d 612 (Fla. 3d DCA 1989); Parrish v. State, 540 So.2d 870 (Fla. 3d DCA 1989); Hernandez v. State, 538 So.2d 521 (Fla. 3d DCA 1989); Del Sol v. State, 537 So.2d 693 (F	1	1989–1989
Parrish v. State neutral fladistctapp · 1989 1 sentence 1989This court, however, has held repeatedly that “[a] defendant, whatever his race, has standing to challenge the arbitrary exclusion of members of any race for grand or petit jury service.” Castillo v. State, 466 So.2d 7 , 8 n. 1 (Fla. 3d DCA 1985) (following Peters v. Kiff, 407 U.S. 493 , 92 S.Ct. 2163 , 33 L.Ed.2d 83 (1972)), approved in part, quashed in part on other grounds, 486 So.2d 565 (Fla.1986); Rodriguez v. State, 539 So.2d 612 (Fla. 3d DCA 1989); Parrish v. State, 540 So.2d 870 (Fla. 3d DCA 1989); Hernandez v. State, 538 So.2d 521 (Fla. 3d DCA 1989); Del Sol v. State, 537 So.2d 693 (F	1	1989–1989

Where else courts name it

CA 6 (1999–2026) FL 5 (1989–2005) MA 4 (1984–2019) DC 4 (2013–2026) CO 3 (1987–2025) PA 3 (1989–2015) MD 2 (1992–1999) AZ 2 (2002–2002) TX 2 (2022–2023) CT 2 (2001–2019)

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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