Barnes v. State, 620 So. 2d 243 (Fla. 3d DCA 1993). · Go Syfert
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Barnes v. State, 620 So. 2d 243 (Fla. 3d DCA 1993). Cases Citing This Book View Copy Cite
7 citation events across 1 distinct court.
Strongest positive: Anderson v. State (fladistctapp, 2000-02-02)
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discussed Cited as authority (rule) Anderson v. State
Fla. Dist. Ct. App. · 2000 · confidence medium
See Porter v. State, 708 So.2d 338, 339 (Fla. 3d DCA 1998); Dean v. State, 703 So.2d 1180, 1182 (Fla. 3d DCA 1997); Barnes v. State, 620 So.2d 243, 243 (Fla. 3d DCA 1993); Williams v. State, 619 So.2d 487, 491 (Fla. 1st DCA 1993); Isom v. State, 601 So.2d 299, 300 (Fla. 3d DCA 1992); Adams v. State, 559 So.2d 1293, 1296 (Fla. 3d DCA 1990).
Christine Holly BARNES, Appellant,
v.
The STATE of Florida, Appellee.
90-1154.
District Court of Appeal of Florida, Third District.
Jun 22, 1993.
620 So. 2d 243
Ferguson, Levy and Goderich.
Cited by 6 opinions  |  Published

Bennett H. Brummer, Public Defender and Beth C. Weitzner, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., for appellee.

Before FERGUSON, LEVY and GODERICH, JJ.

PER CURIAM.

This case is before us on remand from the Supreme Court of Florida for further consideration, State v. Barnes, 602 So.2d 532 (Fla. 1992), which quashed this court's opinion in Barnes v. State, 592 So.2d 1127 (Fla. 3d DCA 1992).

The defense attempted to use two of its peremptory challenges to strike jurors Lawman and Weber. The State requested that the defense demonstrate its justifications for striking Lawman and Weber. The trial court conducted a Neil[1] inquiry. Defense counsel stated that he had peremptorily challenged juror Lawman because he had been a victim of a crime and that he had challenged juror Weber because members of her immediate family had been victims of crime. The record supports the defense counsel's reasons for challenging jurors Lawman and Weber. The record also supports that the other jurors that were seated had never been victims of a crime or that their family members had never been victims of a crime. Clearly, the defense counsel provided valid, race-neutral reasons for peremptorily challenging jurors Lawman and Weber. See Adams v. State, 559 So.2d 1293 (Fla. 3d DCA), dismissed, 564 So.2d 488 (Fla. 1990). We find that the trial court erred in disallowing the defendant's peremptory challenges of jurors Lawman and Weber and accordingly, we reverse the defendant's convictions and sentences and remand for a new trial.

In light of our decision, it is not necessary to reach the remaining points raised on appeal.

Reversed and remand for a new trial.

1 State v. Neil, 457 So.2d 481 (Fla. 1984).