Stripling v. State, 664 So. 2d 2 (Fla. 3d DCA 1995). · Go Syfert
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Stripling v. State, 664 So. 2d 2 (Fla. 3d DCA 1995). Cases Citing This Book View Copy Cite
12 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: Markeria Roshwan Hillsman v. State of Florida (fladistctapp, 2015-03-20)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) Markeria Roshwan Hillsman v. State of Florida
Fla. Dist. Ct. App. · 2015 · confidence medium
Green v. State, 679 So.2d 1294, 1294 (Fla. 4th DCA 1996) (finding that possible error in voir dire based on time limits imposed by trial court was not preserved where defendant affirmatively accepted the jury without renewing prior objection); Stripling v. State, 664 So.2d 2, 3 (Fla. 3d DCA 1995) (finding court's rulings restricting defendant's voir dire not preserved where defendant affirmatively accepted the jury upon selection of the twelfth juror and did not renew his objection prior to jury being sworn).
discussed Cited as authority (rule) Lavin v. State
Fla. Dist. Ct. App. · 2000 · confidence medium
See Karp v. State, 698 So.2d 577, 578 (Fla. 3d DCA 1997) (denial of motion to strike entire venire panel after potential juror spontaneously made allegedly prejudicial comments; held, issue not preserved); Stripling v. State, 664 So.2d 2, 3 (Fla. 3d DCA 1995) (trial court rulings that allegedly unduly restricted defendant's voir dire inquiry; held, issue not preserved); Green v. State, 679 So.2d 1294, 1294 (Fla. 4th DCA 1996) (time limitations imposed by trial court on voir dire examination; held, issue not preserved).
discussed Cited as authority (rule) Melara v. Cicione
Fla. Dist. Ct. App. · 1998 · confidence medium
Co., 705 So.2d 639, 640 (Fla. 3d DCA 1998) (appellant's claimed objection to trial court's refusal to grant appellant additional peremptory challenge not preserved where not renewed before jury sworn); Karp v. State, 698 So.2d 577, 578 (Fla. 3d DCA 1997) (trial court's refusal to strike entire venire panel after one potential juror spontaneously made allegedly prejudicial comments not preserved where there was no renewal of objection prior to jury being sworn and appellant unconditionally accepted panel); Green v. State, 679 So.2d 1294, 1294 (Fla. 4th DCA 1996) (appellant failed to preserve is…
discussed Cited as authority (rule) Milstein v. Mutual SEC. Life Ins. Co.
Fla. Dist. Ct. App. · 1998 · confidence medium
See Karp v. State, 698 So.2d 577, 578 (Fla. 3d DCA 1997) (denial of motion to strike entire venire panel after potential juror spontaneously made allegedly prejudicial comments; held, issue not preserved); Stripling v. State, 664 So.2d 2, 3 (Fla. 3d DCA 1995) (trial court rulings that allegedly unduly restricted defendant's voir dire inquiry; held, issue not preserved); Green v. State, 679 So.2d 1294, 1294 (Fla. 4th DCA 1996) (time limitations imposed by trial court on voir dire examination; held, issue not preserved).
discussed Cited as authority (rule) Wallace v. Holiday Isle Resort & Marina, Inc.
Fla. Dist. Ct. App. · 1998 · confidence medium
See Joiner v. State, 618 So.2d 174, 176 (Fla. 1993) (defendant failed to preserve Neil issue in voir dire proceeding where he affirmatively accepted jury without renewing objection prior to jury being sworn); Maultsby v. State, 688 So.2d 1010, 1012 (Fla. 3d DCA 1997) (defendant’s Slappy objection not preserved for appellate review where he accepted panel by failing to renew objection prior to jury being sworn); Green v. State, 679 So.2d 1294, 1294 (Fla. 4th DCA 1996) (appellant failed to preserve issue regarding time limitations imposed by trial court during voir dire examination where he af…
cited Cited as authority (rule) Green v. State
Fla. Dist. Ct. App. · 1996 · confidence medium
Joiner v. State, 618 So.2d 174, 176 (Fla.1993); Stripling v. State, 664 So.2d 2, 3 (Fla. 3d DCA 1995).
cited Cited "see" Stripling v. State
Fla. Dist. Ct. App. · 2016 · signal: see · confidence high
See Stripling v. State, 664 So.2d 2 (Fla. 3d DCA 1995).
cited Cited "see" Geibel v. State
Fla. Dist. Ct. App. · 2001 · signal: see · confidence high
See Stripling v. State, 664 So.2d 2 (Fla. 3d DCA 1995) and cases cited therein.
Retrieving the full opinion text from the archive…
Angelo STRIPLING, Appellant,
v.
The STATE of Florida, Appellee.
94-341.
District Court of Appeal of Florida, Third District.
Dec 15, 1995.
664 So. 2d 2
Jorgenson, Cope and Goderich.
Cited by 11 opinions  |  Published

[*3] Bennett H. Brummer, Public Defender, and Christina A. Spaulding, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellee.

Before JORGENSON, COPE and GODERICH, JJ.

Motion for Rehearing, Rehearing En Banc, or Certification Withdrawn.

PER CURIAM.

Angelo Stripling appeals his convictions for first degree murder, armed robbery, and shooting a deadly missile into a vehicle. We affirm.

Defendant claims error in certain trial court rulings during voir dire which defendant contends unduly restricted his voir dire inquiry. We conclude that this claim is not preserved for appellate review. As we view the record, defendant affirmatively accepted the jury upon the selection of the twelfth juror. Defendant did not renew his objection at that time or at any time prior to the swearing of the jury. See Joiner v. State, 618 So.2d 174, 176 (Fla. 1993); Brown v. State, 613 So.2d 558, 559 (Fla. 2d DCA 1993); cf. Springer v. State, 513 So.2d 736, 737 (Fla. 3d DCA 1987) (in analogous circumstances, objection waived when not timely made).

As to the second point on appeal, we find no abuse of discretion in the trial court's conclusion that the proffered statements were not statements against penal interest. See § 90.804(2)(c), Fla. Stat. (1993); Williamson v. United States, ___ U.S. ___, ___, 114 S.Ct. 2431, 2435, 129 L.Ed.2d 476 (1994).

Affirmed.