CopyCited 130 times | Published | Supreme Court of Florida
...ENGLAND, Justice. By direct appeal we have before us for review the 1975 conviction of Nadean McArthur for the first degree murder of her husband, Charles McArthur. We have jurisdiction because the trial court upheld the validity of two statutes, Sections
40.01(1) and
775.082(1), Florida Statutes (1975)....
...After careful examination of the record, we find that five of these contentions require neither reversal nor extensive discussion. [2] *974 Appellant's constitutional challenges require more detailed analysis, but similarly do not warrant reversal. Appellant's challenge to the jury selection statute, Section 40.01(1), Florida Statutes (1975), essentially asks that we reconsider Wilson v....
CopyCited 114 times | Published | Supreme Court of Florida
...The defendant says he was denied due process of law by the introduction of this testimony which was a direct comment upon his exercise of his constitutional right to remain silent. The defendant made incriminating statements to many people, including a confession to his brother-in-law. Section 40.01(1), Florida Statutes (1977), provides that any expectant mother or mother of a child under fifteen years of age may be exempted from jury duty upon request....
CopyCited 66 times | Published | Court of Appeals for the Eleventh Circuit
...enged the aggravating circumstances found by the trial court; (4) appellate counsel was ineffective in failing to appeal the denial of Johnson's motion to suppress a pretrial photographic identification; and (5) the excusal of two jurors pursuant to section 40.01(1), Florida Statutes (1977), which provided automatic exemption from jury service for pregnant women and women with children under age 15, deprived Johnson of his Sixth Amendment right to trial by a fair cross-section of the community a...
CopyCited 59 times | Published | Supreme Court of Florida
...The fact that non-practicing attorneys were excluded from jury service does not violate defendant's constitutional right to be tried by a jury of his peers. See Williams v. State,
285 So.2d 13 (Fla. 1973). Also, the attack upon the constitutionality of Section
40.01, Florida Statutes, is without merit, as this statute has been held to be constitutional....
CopyCited 59 times | Published | Supreme Court of Florida
...ross-section of the community. Hitchcock cites Duren v. Missouri,
439 U.S. 357,
99 S.Ct. 664,
58 L.Ed.2d 579 (1979), to support his contention. Duren held unconstitutional a Missouri statute which, upon request, exempted all women from jury service. Section
40.01, Florida Statutes (1975), on the other hand, provides only a limited exemption, and we find nothing in Duren which makes it necessary to recede from the Court's previous rulings on this issue....
CopyCited 44 times | Published | Supreme Court of Florida | 2002 WL 220633
...Foster states that if the trial court automatically excused this class of people, it did so improperly because the statute provided, "[E]xpectant mothers and mothers with children under *915 15 years of age, upon their request, shall be exempted from grand and petit jury duty." § 40.01(1), Fla....
...sed was not properly preserved at the trial level. [5] See Hoskins v. State,
702 So.2d 202 (Fla.1997) (holding that the defendant's challenge to the trial court's practice of having the court clerk automatically excuse prospective jurors pursuant to section
40.013(5), Florida Statutes (1995), was not timely filed because the excusals had already been made and the defendant did not challenge his jury panel)....
...demonstrate a deficiency on the part of counsel which resulted in prejudice to the defendant. Furthermore, Foster has not demonstrated that he was constitutionally entitled to have pregnant women and women with small children serve on his jury since section 40.01(1), Florida Statutes (1975), provided them with an excuse for service and this Court has upheld the statute in the face of constitutional concerns....
CopyCited 39 times | Published | Supreme Court of Florida
...*103 Clark next argues that the trial court erred in not excluding the entire jury panel because some prospective jurors are automatically excluded by the clerk for illnesses or disabilities which he alleges do not constitute physical infirmities as required by section 40.01, Florida Statutes (1977)....
...We find the death sentence to be warranted by the circumstances of this case. Accordingly, having found no reversible error, we affirm the judgments and sentences. It is so ordered. ENGLAND, C.J., and ADKINS, BOYD, OVERTON, SUNDBERG and ALDERMAN, JJ., concur. NOTES [1] Section 40.01(3) provides: In the selection of jury lists only such persons as the selecting officers know, or have reason to believe, are law abiding citizens of approved integrity, good character, sound judgment and intelligence, and who are not ph...
CopyCited 37 times | Published | Supreme Court of Florida
...117,
101 So. 204, Cullaro v. State, Fla.App.,
97 So.2d 40; Conner v. State, Fla.,
106 So.2d 416. Appellants further contend that they were convicted by a jury panel, three members of which were not registered voters of the county at the time of trial. Section
40.01, Florida Statutes, F.S.A....
CopyCited 36 times | Published | Supreme Court of Florida | 1994 WL 113407
...There is no merit to Reaves' claim that the jury venire should have been stricken because it was drawn from registered electors rather than from licensed drivers. Drawing jurors from licensed drivers was not required at the time of Reaves' trial. Ch. 91-424, Laws of Fla. Section 40.01, Florida Statutes (1991), which directs that jurors shall be taken from the pool of licensed drivers, does not become effective until January 1, 1998. See § 40.01, Note, Fla....
CopyCited 35 times | Published | Supreme Court of Florida | 1988 WL 6032
...(Thereupon, the prospective jury panel was sworn by the clerk.) ..... THE COURT: Do you want your client in here during the general qualifications? MR. PEARL: No, sir. Thereafter, the trial court made the brief statutory inquiry required by sections 40.01 and 40.013(1) & (2), dispatched half of the venire to another courtroom for another trial, and called for the defendant: THE COURT: Were you able to get the clothes for the Defendant? MR....
...His death sentence is vacated and remanded for a new sentencing proceeding before a jury. It is so ordered. McDONALD, C.J., and OVERTON, EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur. NOTES [1] Jurors must be 18 years of age, citizens of the state of Florida, and registered electors of their respective counties. § 40.01, Fla....
...Jurors may not be under prosecution for any crime; have been convicted of bribery, forgery, perjury larceny, or any felony, unless restored to civil rights; be the Governor, a Cabinet officer, a sheriff or deputy, a municipal police officer, a clerk of the court, or a judge. §§ 40.013(1) & (2), Fla....
CopyCited 31 times | Published | Supreme Court of Florida
...the right subsequent to arraignment to file Motions to Dismiss the Indictment. Subsequent to arraignment of this cause and prior to trial, said motion to dismiss or in the alternative to exclude the jury panel was filed pursuant to FRCrP 3.300, F.S. § 40.01(1), (3), and F.S....
..."The Trial Court made the following findings of fact in regards to the certified questions of law: FINDINGS OF FACT "1. The defendant, George Silva, duly and properly presented this Challenge to the Jury Venire list and jury panel pursuant to FRCrP 3.300, and F.S. 40.01(1), (3); and F.S....
...a Supreme Court. "2. That the ruling on whether 18, 19 and 20 year old registered voters should be permitted to serve on juries is deferred *157 pending certification and adjudication by the Florida Supreme Court. "3. That the ruling on whether F.S. § 40.01(3) is constitutional, is deferred pending certification to and adjudication by the Florida Supreme Court....
...ates by the Fourteenth Amendment and Article I, Section 16 of the Florida Constitution wherein it is provided that an accused in a criminal prosecution shall have the right to a speedy and public trial by impartial jury. "2. Whether Florida Statutes § 40.01(1), dealing with the qualifications of jurors, wherein only persons of the age of 21 years or older are qualified to act as jurors, is constitutional in light of the Twenty-Sixth Amendment of the United States Constitution wherein it is provided that `the right of citizens of the United States who are 18 years of age or older to vote shall not be denied or abridged by the United States or by any State on account of age.' "3. Whether F.S. § 40.01(3), dealing with the qualifications of jurors, wherein it is stated that: `In the selection of jury lists, only such persons as the selecting officers know, and have reason to believe are law-abiding citizens of approved integrity, who are o...
...gence ...' is void for vagueness, and impossible to be carried out, and/or in violation of the due process of law clauses of the Fifth and Fourteenth Amendments of the United States Constitution and the Florida Constitution on the ground that said F.S. 40.01(3), is an unlawful delegation of authority to the Jury Commissioner in and for Dade County, Florida, since it is conceded by counsel for the State and counsel for the Defendant that in Dade County, Florida, there are approximately 522,000 re...
...The Twenty-Sixth Amendment to the United States Constitution provides that the right of citizens eighteen years of age or over to vote shall not be denied or abridged by the United States or by any state on account of age. This amendment has no bearing on eligibility of persons for jury service. Fla. Stat. § 40.01(1), F.S.A., provides that jurors shall be taken from the male and female persons over the age of twenty-one years, who are citizens of the State and who have resided in the State for one year and in their respective counties for six months, and who are fully qualified electors of their respective county....
...igence, sound judgment, and fair character. See also Hoyt v. Florida,
368 U.S. 57,
82 S.Ct. 159,
7 L.Ed.2d 118 (1961). We now consider the third question, which must be answered in the negative. The statute under attack reads as follows: "Fla. Stat. §
40.01(3), F.S.A....
...crimination whatsoever.' "No less can be said of the statutory standards attacked in the present case." (Text pp. 331-335, 90 S.Ct. p. 524). Carter v. Jury Commission of Greene County, supra , is dispositive of this question. We hold that Fla. Stat. § 40.01(3), F.S.A., is constitutional and is neither vague nor an unlawful delegation of authority to the jury commissioners....
...es Constitution only granted voting rights to those eighteen years of age or older. This did not affect the right of the State to prescribe qualifications for State jurors, and limit jury service to those twenty-one years of age or older. Fla. Stat. § 40.01(3), F.S.A., is constitutional....
CopyCited 30 times | Published | Court of Appeals for the Eleventh Circuit
...es is, in itself, a tool of discrimination in this case. We disagree. Voter registration lists commonly provide the basis for grand and petit jury lists. This practice is approved by statute in the federal system. 28 U.S.C. § 1863 (b)(2). Likewise, section 40.01(1) of the Florida Statutes requires that all state jurors be fully qualified electors....
CopyCited 29 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 381
...Appellant has also failed to prove that this method of grand jury selection was anything other than random with respect to blacks and women. In this case, the petit jury venire was randomly selected by computer from Dade County's voter registration list. Appellant argues that although section 40.01, Florida Statutes (1981), requires that all jurors be registered voters, it is nonetheless impermissible to rely exclusively upon voter lists as the source for random selection of veniremen. However, this Court has repeatedly upheld the constitutionality of section 40.01 against the argument that the selection of juries solely from voter lists was defective....
CopyCited 24 times | Published | Supreme Court of Florida | 1988 WL 110770
..." see sections
1.01(14),
39.01(7), Florida Statutes (1987), not as mature adults capable of exercising judgment or discretion. For example, an unmarried seventeen-year-old such as appellant cannot vote, §
97.041, Fla. Stat. (1987), serve on a jury, §
40.01, Fla....
CopyCited 24 times | Published | Supreme Court of Florida
...Jacobs' third point on appeal is that one of the members of the grand jury which indicted him was not a qualified elector on the date the indictment was returned, and the indictment is therefore unlawful. The appellant made a timely motion to dismiss the indictment, which was denied, thereby preserving this point for appeal. Section 40.01, Florida Statutes (1973), provides inter alia that grand jurors " shall be taken from the male and female persons over age of twenty-one years, ......
...Jacobs argues that the participation of this grand juror voids his indictment, citing the case of Kitrol v. State,
9 Fla. 9 (1860), where a grand juror who was determined not to be qualified because over the age of sixty at the time he was summoned for jury duty, rendered the indictment void. The applicable statute, section
40.01, Florida Statutes (1973), merely requires that the names placed on the jury list "shall be taken" from the voting list....
CopyCited 20 times | Published | Supreme Court of Florida | 1999 WL 506966
..." see sections
1.01(14),
39.01(7), Florida Statutes (1987), not as mature adults capable of exercising judgment or discretion. For example, an unmarried seventeen-year-old such as appellant cannot vote, §
97.041, Fla. Stat. (1987), serve on a jury, §
40.01, Fla....
...§ 18-4004 (Supp.1998); see also Idaho Code § 20-509 (1997) (allowing transfer of any child charged with murder of any degree to criminal court)); Kentucky ( see Ky.Rev.Stat. Ann. § 507.020 (Michie 1990); see also Ky.Rev.Stat. Ann. §§ 635.020, 640.010 (Michie Supp.1998) (allowing transfer of fourteen-year-old juveniles charged with capital murder to criminal court)); Louisiana ( see La.Rev.Stat....
...§§ 609.10, 609.185 (1998)); North Dakota ( see N.D. Cent.Code §§ 12.1-16-01, 12.1-32-01 (1997)); Rhode Island ( see R.I. Gen. Laws §§ 11-23-1, 11-23-2 (Supp.1998)); West Virginia (W. Va. Code §§ 61-11-2 (1997)); and Wisconsin ( see Wis. Stat. Ann. §§ 939.50, 940.01 (West 1998))....
CopyCited 18 times | Published | Supreme Court of Florida | 2008 WL 1901425
...ported by a significant state interest. See Duren,
439 U.S. at 367-68,
99 S.Ct. 664. Woodel points out that there is no statutory requirement under Florida law mandating that a juror must be proficient in English in order to serve on a jury. Compare §
40.01, Fla....
...ish), with 28 U.S.C. § 1865(b)(2)-(3) (2000) (providing that the ability to speak and understand the English language are a requirement for federal jury service). While Woodel is correct that a Florida statute does not expressly address this issue, section 40.013(6), Florida Statutes (2005), states that a person is to be excused from jury service "upon a showing of hardship, extreme inconvenience, or public necessity....
CopyCited 17 times | Published | Supreme Court of Florida
...of age), thereby eliminating the scepticism which attends a personal selection of jurors by individual grand jury commissioners charged with selecting citizens of "approved integrity, good character, sound judgment and intelligence" under Section F.S. 40.01(3), F.S.A....
CopyCited 16 times | Published | Supreme Court of Florida
...denied,
272 So.2d 817 (Fla. 1973); Hallihan v. State,
226 So.2d 412 (Fla. 1st DCA 1969). II. The appellant contends that his conviction must be reversed because a number of persons were excused from service on the grand and petit juries, at their request, pursuant to section
40.01(1), Florida Statutes (1973). This, appellant argues, violated his right, under the sixth and fourteenth amendments to the United States Constitution, to a jury drawn from a representational cross-section of the community. Section
40.01(1), Florida Statutes (1973) provides: (1) Grand and petit jurors shall be taken from the male and female persons over the age of twenty-one years, who are citizens of this state and who have resided in this state for one year and in the...
CopyCited 15 times | Published | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 24111, 2002 WL 31940726
...ns afforded to minors in §
827.071. Thus, a finding that Lane could consent to the publication of her image and likeness in Girls Gone Wild does not contravene Florida's public policy against the sexual exploitation of children. [43] See Fla. Stat. §
40.01....
CopyCited 14 times | Published | Supreme Court of Florida
...s in both cases. On February 1, 1972 defense counsel filed motions to dismiss the indictment or in the alternative to exclude the entire grand and petit jury panels as being unconstitutionally drawn pursuant to Rule 3.300, F.R.Cr.Pr., and Sections F.S.
40.01(1) and (3), and
97.041, F.S.A....
CopyCited 14 times | Published | Supreme Court of Florida
...Bryant received a fifteen-year sentence five years to be served in prison with the balance on probation. Two major points are raised in this appeal. The first is whether the trial court erred in denying appellant's motion to dismiss. Bryant charges that the denial was error because section 40.01, Florida Statutes (1977), is unconstitutional for three reasons: 1) no women or blacks have been selected as foremen of Palm Beach County grand juries since 1973; 2) blacks have been underrepresented on Palm Beach County grand juries; and 3) young adults (ages 18 to 29) have been similarly underrepresented....
...For the foregoing reasons, we uphold both the trial court's denial of appellant's motion to dismiss indictment and quash petit jury panel and the sentence imposed below. Affirmed. It is so ordered. SUNDBERG, C.J., and ADKINS, BOYD, OVERTON, ENGLAND, ALDERMAN and McDONALD, JJ., concur. NOTES [1] § 40.01, Fla. Stat. (1977). The portions of § 40.01 pertinent to this appeal read as follows: 40.01 Qualifications and disqualifications of jurors....
CopyCited 14 times | Published | Florida 1st District Court of Appeal
...Suffice to say that our examination reveals ample credible evidence to support the jury's verdicts. We therefore find appellants' first point to be without merit. Appellants next urge that one of the members of the petit jury was not a duly qualified elector of the county as required by F.S. 40.01(1), thereby invalidating the verdict returned by the jury....
CopyCited 14 times | Published | Court of Appeals for the Eleventh Circuit | 1990 U.S. App. LEXIS 14759, 1990 WL 120747
...he other three issues were that (1) appellate counsel ineffectively presented the override issue; (2) appellate counsel ineffectively challenged the aggravating circumstances found by the district court; and (3) the excusal of two jurors pursuant to section 40.01(1), Florida Statutes (1977), which gives automatic exemption from jury service to pregnant women and women with children under the age of 15, deprived Johnson of his Sixth Amendment right to trial by a fair cross section of the communit...
CopyCited 14 times | Published | Supreme Court of Florida | 1988 WL 34013
...enged the aggravating circumstances found by the trial court; (4) appellate counsel was ineffective in failing to appeal the denial of Johnson's motion to suppress a pretrial photographic identification; and (5) the excusal of two jurors pursuant to section 40.01(1), Florida Statutes (1977), which provided automatic exemption from jury service for pregnant women and women with children under age 15, deprived Johnson of his sixth amendment right to trial by a fair cross section of the community and violated the equal protection clause of the fourteenth amendment....
CopyCited 12 times | Published | Supreme Court of Florida
...That the petit jurors were not impaneled by a random impartial method of selection in that certain categories of professions (e.g., doctors, teachers) are established to insure selection from specific occupations while other classes of individuals (e.g., store clerks, carpenters) are not so classified; 3. That Fla. Stat. § 40.01, F.S.A., is unconstitutional on its face in that it sets forth a residency requirement for prospective jurors in violation of the Fifth and Sixth Amendments as incorporated in the Fourteenth Amendment of the United States Constitution and the Florida Constitution; 4....
...Stat., Ch. 40, F.S.A., was constitutional. The defendant filed a notice of appeal with the District Court of Appeal, and that Court ordered the cause transferred here in that the validity of the State statute was passed upon by the trial court. Fla. Stat. § 40.01, F.S.A., provides regulation of the process of jury selection which is not, per se, violative of any provision of the Constitution of Florida or of the United States. Nor has the selection of jurors in Dade County created any constitutional infirmity. Fla. Stat. § 40.01, F.S.A., provides the following general requirements for grand and petit jurors: 1....
...circumstances and, certainly, jury lists could be properly prepared and service obtained on prospective jurors with more efficiency and less cost. Applying the proper tests of constitutional review, in State v. Silva, supra , we held that Fla. Stat. § 40.01, F.S.A., is constitutional. Nothing relating to jury selection has occurred that requires a reversal of that view. As to the specific issues raised about the application of Fla. Stat. § 40.01, F.S.A., in Dade County, the retention of separate filings for professional persons, governmental employees, and persons over the age of sixty-five years, after these groupings have lost their validity as factors in jury selection, represents a lack of efficiency, but does not represent a constitutional error....
...Appellant's motion, presented here in summary form, contained the following allegations: (1) That insofar as the Sixth and Fourteenth Amendments guarantee that an accused be tried by an impartial jury of his peers, and that he shall not be deprived of due process or equal protection of the laws, F.S. Section 40.01(1), F.S.A., is unconstitutional in that it provides that both grand and petit jurors shall be drawn from among citizens of the state over twenty-one years of age who have resided herein for one year and in their respective counties for...
...looking at any of the information contained on the cards. After rotating through the alphabet in this fashion, his task was complete once 5,000 names were drawn. Appellant has submitted two questions for this Court's consideration: (1) Whether F.S. Section 40.01, F.S.A., is unconstitutional in that it provides both grand and petit jurors shall be selected from among citizens of the state over twenty-one years of age who have resided herein for one year and in their respective counties for six months....
...ix months and who are fully qualified electors of their respective counties; provided, however, that expectant mothers and mothers with children under eighteen years of age, upon their request, shall be exempted from grand and petit jury duty." F.S. Section 40.01(1), F.S.A....
...A single-judge Federal court in Hinnant then declared unconstitutional the sixty-days residence requirement provided in Chapter 72-197, Laws of Florida 1972, amending F.S. Section
97.041, F.S.A. To be constitutional today the jury selection process must conform to current voter registration and age requirements. F.S. Section
40.01(1), F.S.A., must yield to the latest voter registration requirements of the legislative and judicial branches of government, state or national, relating to age and residency....
...beliefs, economic or occupational status, race, or other improper bases. Insofar as general and abstract standards require that jurors be "law abiding citizens of approved integrity, good character, sound judgment and intelligence, etc.," (see F.S. Section 40.01(3), F.S.A.) are concerned, the same are in conflict with modern decisions requiring random selection of jurors from a cross-section of the community....
...gibility for jury service, e.g., those excluding convicted felons or persons otherwise lacking civil rights, or those without citizen status; those who are insane or senile and others who from some compelling state interest may be excluded. See F.S. Section 40.01(2) and Section 40.07, F.S.A....
CopyCited 11 times | Published | Supreme Court of Florida
...ROBERTS, Acting C.J., and BOYD and DEKLE, JJ., concur. ERVIN, J., dissents with opinion. ERVIN, Justice (dissenting): Challenged in this appeal are Section 833.04, F.S., which makes it a felony for two or more persons to conspire to commit another felony, and Section 40.01(1), F.S., which prescribes that one must be an elector of a certain age and have certain residency status to serve on a jury....
...Both constitutional challenges have merit. Section 833.04 is facially vague and over-broad in not requiring an overt act. Compare Hyde v. United States (1912),
225 U.S. 347,
32 S.Ct. 793,
56 L.Ed. 1114, and Aztec Motel, Inc. v. State (Fla. 1971),
251 So.2d 849. Section
40.01(1) appears to exclude all citizens from jury service in the trial district who are not electors....
...Florida needs to come into the Twentieth Century and avoid citizen oppression under an outmoded common-law concept of criminal conspiracy. I have inveighed at length in Reed v. State (Fla. 1974),
292 So.2d 7, at 11, et seq., on the insufficiency of Section
40.01(1), F.S....
CopyCited 11 times | Published | Supreme Court of Florida
...% and 33.3%, respectively. The fallacy in this argument is the assumption that the jury list was limited to the list of registered voters. It is fundamental that every officer is presumed to perform his duty in accordance with law. Fla. Stat. (1941) § 40.01, F.S.A., required that jurors be taken from the male persons over the age of 21 years who are citizens of this State and who have resided in this State for one year and in their respective counties for six months....
CopyCited 11 times | Published | Supreme Court of Florida
...and assault with intent to commit murder in the first degree entered in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County. At hearing on a pre-trial motion, Appellant moved that the jury panel be dismissed on the ground that Section 40.01, Florida Statutes, is unconstitutional. The trial court denied the motion. We have appellate jurisdiction. Article V, Section 3(b)(1), Florida Constitution. Appellant argues that Chapter 40.01(1), Florida Statutes, on its face and as applied, violates Appellant's constitutional right to be tried by jury and rights to equal protection of the law....
CopyCited 9 times | Published | Supreme Court of Florida | 1950 Fla. LEXIS 960
...Because of the similarity of the two questions presented here we are considering them as a single assignment. The members of the grand jury and the petit jurors required to render jury service during 1949 were taken from the same jury box. Qualifications and Disqualifications of Jurors: Section 40.01, F.S.A., provides: "(1) General qualifications....
CopyCited 9 times | Published | Supreme Court of Florida
...His contracts with adults are voidable by him until he reaches the age of majority, and he is not eligible to serve on a jury." We find nothing in the Florida Constitution that requires every juror to be at least eighteen years of age. The only such requirement is statutory. Section 40.01(1), Florida Statutes, provides that grand and petit jurors shall be persons at least eighteen years of age who are citizens of this state, [2] who have resided in this state for one year and in their respective counties for six months, and who are fully qualified electors....
...complexities and consequences of specified activities. It is the legislature's job to make the law, and in the absence of a finding that the statute is unconstitutional, it should not be effectively stricken. The court today completes the repeal of Section 40.01(1), Florida Statutes....
...[2] Chapter 73-21, Laws of Florida, removed the disability of non-age for persons eighteen years of age or older. (Effective July 1, 1973). In Reed v. State,
292 So.2d 7 (Fla. 1974), February 13, 1974, this Court stated: "Under this law [Ch. 73-21], the 18-year old citizen is now eligible for jury service." Section
40.01(1), Florida Statutes (1975), effective June 9, 1975, provides: "Grand and petit jurors shall be taken from the male and female persons at least 18 years of age, ....
CopyCited 9 times | Published | Supreme Court of Florida | 1998 WL 10589
...aph results, for whatever reason, this court finds there are no substantial grounds to believe that that would have affected his verdict, his discussions, or his service as a juror. On appeal, the district court, in affirming the conviction, stated: Section 40.013, Florida Statutes, provides that "[n]o person who is under prosecution for any crime ......
...complexities and consequences of specified activities. It is the legislature's job to make the law, and in the absence of a finding that the statute is unconstitutional, it should not be effectively stricken. The court today completes the repeal of Section 40.01(1), Florida Statutes....
CopyCited 9 times | Published | Supreme Court of Florida
...rent from that of the general population, it should have the burden of producing the relevant figures and demonstrating that these figures rebut the prima facie case of unconstitutional exclusion. In Florida, qualifications of jurors are governed by section 40.01, Florida Statutes (1981)....
CopyCited 7 times | Published | Supreme Court of Florida | 155 Fla. 597, 1945 Fla. LEXIS 597
relating to jurors were assembled and codified. Section
40.01 prescribes the qualifications of jurors. They
CopyCited 7 times | Published | Supreme Court of Florida
...Gen., and Lance R. Stelzer, Asst. Atty. Gen., for appellee. ROBERTS, Justice. This appeal has been transferred to us by the District Court of Appeal, Third District, pursuant to Florida Appellate Rule 2.1, subd. a(5), 32 F.S.A., because the constitutionality of Section 40.01 was impliedly upheld by the trial court. We have jurisdiction. Article V, Section 3(b)(1), Florida Constitution, F.S.A., (1973). Appellants attack the constitutionality of Section 40.01, Florida Statutes, on the ground that this statute requires that juries be selected from Florida's voter list. We affirm the order of the trial court which impliedly upheld the constitutionality of Section 40.01, Florida Statutes, F.S.A., on the authority of our recent decisions in Jones v....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2003 WL 1628252
...tial jury). The fact is material if it exposes an inherent bias in favor of or against either party. See Lowrey v. State,
705 So.2d 1367 (Fla.1998). Here, Burtz was truthful during voir dire and he satisfied the requirements set out for jurors under section
40.01, Florida Statutes....
CopyCited 6 times | Published | Supreme Court of Florida | 1951 Fla. LEXIS 1632
...Statutes 1941, F.S.A., which reads as follows: "No person who is under prosecution for any crime, or has been convicted of bribery, forgery, perjury or larceny, unless such person shall have been restored to civil rights, shall be qualified to be a juror." (Italics supplied) See also Sec. 40.01(2) Florida Statutes, 1941, F.S.A....
...lony and not restored to civil rights?" We make this observation for two reasons. In the first place, the question as framed by the Trial Judge in this case is not sufficient to test the qualification of a prospective juror under Section 40.07(1) or Section 40.01(2) Florida Statutes, 1941, F.S.A., because a person is not disqualified to sit as a juror although he has been convicted of bribery, forgery, perjury, larceny or other felony unless such person has not been restored to civil rights....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1993 WL 502170
...We thus have no trouble in concluding that women were purposefully excluded by the state. Florida has had a long history of invidious discrimination against women serving on juries. Until four years after World War II ended, juries were limited to qualified men only. See § 40.01(1), Florida Statutes (1941)....
CopyCited 6 times | Published | Supreme Court of Florida | 1949 Fla. LEXIS 1205
an offense or crime. The obvious purpose of Section
40.01, F.S. 1941, subsection 2, F.S.A., was to enlarge
CopyCited 6 times | Published | Supreme Court of Florida
...Appellant gave a full account of events, which are not materially in dispute, indictment and trial followed in due course, and this appeal ensued. By challenge to the all-male jury panel the appellant raised an issue as to the validity or constitutionality of F.S. Section 40.01(1), F.S.A., [1] insofar as it provides that, while jurors are to be taken from male and female electors, "the name of no female person shall be taken for jury service unless said person has registered with the clerk of the circuit court...
...TERRELL, ROBERTS, THORNAL and O'CONNELL, JJ., concur. THOMAS, C.J., and HOBSON, J., concur in part and dissent in part. HOBSON, Justice (concurring in part and dissenting in part). Although I agree with that portion of the majority opinion which holds that F.S. § 40.01(1), F.S.A., is valid and constitutional, I cannot agree with the judgment of affirmance because of my belief that harmful and, therefore, reversible error has been clearly demonstrated....
...next day. Thereafter appellant had to be kept in the psychiatric ward of Tampa General Hospital for almost two weeks. Appellant raises several questions. She invokes the jurisdiction of this court, attacking the constitutionality of that portion of Section 40.01(1), Florida Statutes, F.S.A., which provides that: "* * * no female person shall be taken for jury service unless said person has registered with the clerk of the circuit court her desire to be placed on the jury list." The trial court...
...TERRELL, ROBERTS, DREW, THORNAL and O'CONNELL, JJ., concur. THOMAS, C.J., Dissents. HOBSON, J., dissents with opinion. On Petition for Rehearing HOBSON, Judge (dissenting). Upon a reconsideration of this case on petition for rehearing, I have concluded that the portion of Section 40.01(1), Florida Statutes, F.S.A., which limits female jury duty to volunteers is unconstitutional....
...hat the legislature could validly require all women to serve but limit male service to volunteers and thus, in effect, create an all female jury system. At least this presents the test of the present restriction. I would find that portion of Chapter 40.01(1), Florida Statutes, F.S.A., which reads as follows: "provided, however, that the name of no female person shall be taken for jury service unless said person has registered with the clerk of the circuit court her desire to be placed on the jur...
...impartial jury trial" guarantees of both the Florida and Federal Constitutions and the "equal protection of the law" provision of the Federal Constitution, Amend. 14. For the reasons above stated, I would grant the petition for rehearing. NOTES [1] "40.01 Qualifications and disqualifications of jurors "(1) Grand and petit jurors shall be taken from the male and female persons over the age of twenty-one years, who are citizens of this state, and who have resided in the state for one year and in t...
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...However, the Supreme Court has held that jury service by a disqualified person does not necessarily result in an illegal verdict. In Leach v. State, Fla. 1961,
132 So.2d 329, three members of a jury which convicted the defendant were not registered voters of the county as required by Section
40.01, F.S.A....
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit | 1982 U.S. App. LEXIS 20014
electors of their respective counties; Fla.Stat.Ann. §
40.01(1) (1974). Chapter 73-21, Laws of Florida, granted
CopyCited 5 times | Published | Supreme Court of Florida | 1949 Fla. LEXIS 1322
...body of this (Dade) County if he is required to stand trial by a jury selected from said panel". Section 913.01, F.S.A., prescribes the procedure of obtaining a ruling of the trial court upon a challenge to the entire panel. We are requested to hold Section 40.01 (1), F.S.A., unconstitutional under Ballard v....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...Specifically, it was contended that defendant was a male Negro and there was an unlawful and systematic exclusion of Negro women on the jury panel in Hillsborough County; that such exclusion of Negro women was solely because of their sex; and that the proviso in F.S. § 40.01, F.S.A....
...ge no such request had ever come from any Negro women's group, but if so it would have been complied with; and they had not contacted any such Negro group because "it wouldn't be our prerogative. It would be theirs to ask us". The proviso to F.S. § 40.01, F.S.A....
...[People of State of] New York,
332 U.S. 261, 284-285,
67 S.Ct. 1613, 1625, 1626,
91 L.Ed. 2043, and the cases cited therein. The result of this appeal must therefore depend on whether such an exclusion of women from jury service has been shown. * * * * * * Manifestly, Florida's §
40.01(1) does not purport to exclude women from state jury service....
...There is no intimation that any Negro woman has ever been excluded from jury service in Hillsborough County by any governmental official; nor denied her privilege to become available for such service by registering in accordance with State law. [2] The proviso in F.S. § 40.01, F.S.A., in effect when the instant case was tried, merely provides that no woman, white or Negro, is eligible for jury service unless she "has registered with the clerk of the circuit court her desire to be placed on the jury list"....
...draw up a jury list in that county once a year, certified to the Circuit Court. [2] Subsequent to the trial of this case, the Legislature enacted Chapter 67-154 General Laws of Florida, 1967, which, in effect, repealed the aforesaid proviso to F.S. § 40.01, F.S.A....
CopyCited 3 times | Published | District Court, N.D. Florida | 1973 U.S. Dist. LEXIS 11710
...Gen., Tallahassee, Fla., Daniel S. Dearing, Chief Trial Counsel, Dept. of Legal Affairs, Tallahassee, Fla., for defendants. OPINION-ORDER STATEMENT OF THE ACTION MIDDLEBROOKS, District Judge. Plaintiffs in this class action attack the validity of Florida Statutes, Section 40.01 F.S.A....
...3, black persons constituted 12.81, 14.47, 7.64, 14.39 and 18.0% of those on jury lists. CONCLUSIONS OF LAW 1. This Court has jurisdiction over the subject matter of and the parties to this action. 2. Plaintiffs contend herein that Florida Statutes, Section 40.01 F.S.A., upon which the Levy County, Florida juror selection plan is predicated, is unconstitutional (1) in that it limits potential jurors to those registered to vote; (2) that blacks and women are underrepresented on jury lists and (3)...
...o discrimination as is required by Carter v. Jury Commission of Greene County, supra. Accordingly, this Court finds that the elector listing system which is the basis for the Levy County juror lists and which is provided for in the Florida Statutes, Section 40.01, F.S.A., reasonably and sufficiently reflects a cross section of the population of Levy County, Florida....
...Even evidence in the record of this case to which plaintiffs stipulate as true, reflects for instance in the year 1972, that
48.29% of those individuals on juror lists in Levy County were women. But the plaintiffs' specific complaint is that the exemption in Florida Statutes, Section
40.01(1), F.S.A., which is available upon request is unconstitutional....
...firmative duty of requesting it. If in practice it is somehow discriminatory toward women, at least plaintiffs have failed to carry the burden of showing such discrimination. Hoyt v. Florida, supra. [2] In sum, the Court finds that Florida Statutes, Section 40.01, F.S.A., is neither unconstitutional on its face nor as it is applied in Levy County, Florida, and as this Court has heretofore ruled, the issues raised in plaintiffs' behalf have been foreclosed by previous decisions of the Supreme Cou...
...(Emphasis supplied) This statute has been recently amended to lower the minimum age of qualification of prospective jurors to 18 years of age and this is not at issue in this cause. [2] See Hoyt v. Florida, supra. In 1961 the Supreme Court construed Florida Statutes 40.01(1), F.S.A....
...251,
30 L.Ed.2d 225 (1971), the Court notes that Reed involved a statutory scheme which draws a sharp line between the sexes solely for the purpose of achieving administrative convenience. Reed, supra, at 77,
92 S.Ct. 251. The present amended form of Florida Statutes
40.01(1), F.S.A., which is contested in the matter before this Court involves no such statutory scheme solely for administrative convenience....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit
when it occurs. Id. (quoting 30 C.F.R. § 40.1(b)(1)). A related regulation required that the
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 4679, 2007 WL 936355
...hat no person may serve as a juror "who has been convicted in this state . . . of . . . any offense that is a felony . . ., unless restored to civil rights." While the Court has no desire to retry this case, the plain reading of the Constitution and Section 40.013(1) do not provide any latitude....
...Framing the Issue The Florida Constitution provides that "[t]he qualifications and the number *408 of jurors, not fewer than six, shall be fixed by law." Art. I, § 22, Fla. Const. With regard to the disqualification of certain categories of persons from jury service, section 40.013, Florida Statutes (2003), provides: (1) No person who is under prosecution for any crime, or who has been convicted in this state, any federal court, or any other state, territory, or country of bribery, forgery, perjury, larceny, or a...
...felony are disqualified from jury service unless they have had their civil rights restored. In accordance with other provisions of the statute, certain other categories of persons may be excused or exempt from jury service for a variety of reasons. § 40.013(2)(b), (4)-(9)....
...endants' argument on this issue. Once again, the court's reasoning is worth quoting at length: Appellants further contend that they were convicted by a jury panel, three members of which were not registered voters of the county at the time of trial. Section 40.01, Florida Statutes, F.S.A....
...Stated differently, a person's disqualification from jury service because of his or her status does not generally reflect on the juror's ability to be fair. For example, judges are disqualified from jury service by reason of their official position. § 40.013(2)(a)....
...f stability and finality in jury trials. In Florida, jury lists are compiled primarily from the records maintained by the Department of Highway Safety and Motor Vehicles of persons who have either a driver's license or an identification card record. § 40.011....
...See Rodgers,
347 So.2d at 614 (Hatchett, J., dissenting) ("It is the legislature's job to make the law, and in the absence of a finding that the statute is unconstitutional, it should not be effectively stricken. The court today completes the repeal of Section
40.01(1), Florida Statutes."); Lowrey,
705 So.2d at 1371 (Anstead, J., specially concurring) (commenting on Justice Hatchett's dissent in Rodgers: "The logic and clarity of Justice Hatchett's opinion is striking....
...As the majority notes, prejudice from the service of an unqualified juror may favor one side or the other, and it is impossible to establish that prejudice without delving into the deliberative process of the jury. Therefore, should a juror serve in violation of section 40.013(1), Florida Statutes (2003), inherent prejudice should be presumed....
...Applying the first prong to this case whether the information is relevant and material to jury serviceI conclude that the fact of prior convictions undisclosed by the two jurors is both relevant and material. This conclusion is based upon two considerations. First, the Florida Legislature, by enacting section 40.013(1), has specifically precluded certain convicted felons from jury service....
...[8] For a detailed consideration of the "inherent bias" issue, see Brian C. Kalt, The Exclusion of Felons from Jury Service, 53 Am. U.L.Rev. 65, 73-75, 105-08 (2003). [9] For an exception to this general proposition, see Lowrey v. State,
705 So.2d 1367 (Fla.1998). Under section
40.013(1), "[n]o person who is under prosecution for any crime ....
CopyCited 2 times | Published | Supreme Court of Florida
...prisonment and one term of 130 years, all to run consecutively. The first degree murder offenses were committed prior to the adoption of the present death penalty statute. The appellant contests as unconstitutional the method of jury selection under Section
40.01, Florida Statutes 1972, and its implementation for the selection of jurors in this cause by Dade County, Florida. The trial court held the statute and procedure constitutional. Subsequent to the present appeal being filed, the same issues were considered and decided by this Court in Reed v. State,
292 So.2d 7, 9 (Fla. 1974), where we held: "Fla. Stat. §
40.01, F.S.A., provides regulation of the process of jury selection which is not, per se, violative of any provision of the Constitution of Florida or of the United States....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...ach the merits of appellant's contention. The record reflects that prior to appellant's trial his attorney vigorously attacked the jury array and the method of jury selection in Dade County, Florida, as not strictly comporting with the provisions of § 40.01 (3), Fla....
...1972,
267 So.2d 886; Peterson v. State, Fla.App. 1970,
237 So.2d 223; Lee v. State, Fla.App. 1965,
173 So.2d 520. Therefore, for the reasons stated, the order denying appellant's motion to vacate is hereby affirmed. Affirmed. NOTES [1] Fla. Stat., §
40.01(3), F.S.A., provides: "(3) In the selection of jury lists only such persons as the selecting officers know, or have reasons to believe, are law abiding citizens of approved integrity, good character, sound judgment and intelligence, and who...
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...imprisonment in the State Penitentiary. In Duggar v. State,
43 So.2d 860 (Fla. 1949), the Supreme Court considered the effect of former Article XVI, Section 25 upon a statute which disqualified for jury service any person convicted of "any felony." Section
40.01, Florida Statutes (1941)....
...tive language in the statutes ... indicating an indication to give the term felony a broader or different meaning... ." While courts in other jurisdictions may have reached a different conclusion, [1] the Duggar holding is logically defensible since Section 40.01, Florida Statutes (1941) relating to the disqualification of an individual to serve as a juror if he had been convicted of a felony failed to state unambiguously that the conviction in another state or country would be a ground fo...
...not of constitutional dimension, but of statutory construction which placed a strict interpretation upon an ambiguous penal statute. Section 458.1201(1)(c), Florida Statutes (1977), does not, however, contain the same fatal ambiguity which afflicted Section 40.01(1)....
...Section
837.06, Florida Statutes (1979), provides: Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree... . [2] Section
40.01, Florida Statutes (1941): No person, who shall have been convicted of bribery, forgery, perjury or larceny, or any felony, unless restored to civil rights, shall be qualified to serve as a juror....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...Stat. Ann § 21-201 (2018); Ark. Code Ann. § 16-
31-102 (2018); Cal. Civ. Proc. Code § 203 (West 2018); Colo. Rev.
Stat. § 13-71-105 (2018); Conn. Gen. Stat. § 51-217 (2018); Del.
Code Ann. tit. 10, § 4509 (2018); D.C. Code § 11-1906 (2018); §
40.01, Fla....
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
...in ss.
98.081 , 98.201, 98.301, F.S. Information from the registration books is to be provided to the courts for jury purposes. The supervisor is not authorized to remove names of persons who are exempt or disqualified from jury service pursuant to s.
40.013 , F.S., such as the names of those electors who are 70 years of age or older....
...In the absence of a request from a judge, no comment is expressed herein regarding the authority of a judge to permanently exempt a voter from jury duty. 4. If a previous supervisor of elections removed the names of persons who are exempt from jury service pursuant to the criteria set forth in s. 40.013 , F.S., such action was a nullity and is of no force and effect whatever....
...reafter as practicable. The chief judge or his designee shall direct the clerk of the court to select at random a sufficient number of names, with their addresses, from the list of persons who are qualified to serve as jurors under the provisions of s. 40.01 and to generate a list of not fewer than 250 persons to serve as jurors, which list shall be signed and verified by the clerk of the court as having been selected as aforesaid....
...12 Qualified jurors are to be selected from "the male and female persons at least 18 years of age who are citizens of this state and who are registered electors of their respective counties." 13 However, specific disqualifications from jury service for some persons are established by s. 40.013 , F.S.: (1) No person who is under prosecution for any crime, or who has been convicted in this state, any federal court, or any other state, territory, or county of bribery, forgery, perjury, larceny, or any other offense that is a felony...
...The clerk is, by statute, required to select jurors from the pool of those who are qualified, i.e., those male or female persons at least 18 years of age who are citizens of Florida, who are registered electors in their respective counties, and who are not otherwise disqualified by s. 40.013 , F.S....
...ischarge. 16 Thus, a person coming within a statutory exemption would not be entitled to have his or her name permanently removed from the list of jurors but could claim his or her right to be excused from jury duty based on the factors set forth in s. 40.013 , F.S., when called for jury duty....
...7 Section 98.211(1), F.S. 8 Section 98.211(2)(a), F.S. 9 Section 98.201(1), F.S. 10 See, s. 98.301(3), F.S. 11 See, Thayer v. State,
335 So.2d 815 , 817 (Fla. 1976); Dobbs v. Sea Isle Hotel,
56 So.2d 341 , 342 (Fla. 1952). 12 Section
40.02 (1), F.S. 13 Section
40.01 , F.S. 14 Section
40.013 , F.S....
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5132
...Each was sentenced to confinement for a period of 30 years. Through the public defender as their counsel they appealed, contending the trial court had erred in denying their challenge of the jury panel on the ground that the jurors had not been selected in accordance with § 40.01 Fla....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 6016
factors which I will now consider. First, I note that § 40-1 (1962) of the West Palm Beach, Florida, City Traffic
CopyPublished | Florida 5th District Court of Appeal
failed to follow the provisions of the statute. See §
40.01(2) and (3), Fla.Stat. We hold that this record
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 5456
...guilty before September 1, 1967. They were all tried by jury after September 1, 1967. After September 1, 1967, -but prior to their trials, they challenged their jury panels on the grounds that they had not been selected in accordance with Fla.Stat. § 40.01 (1967), F.S.A....
...The trial court denied their challenges to the jury and the appellants were tried, convicted' and sentenced. They now appeal. It is admitted that veniremen from which their trial jurors were accepted were chosen in accordance with the predecessor statute of Fla.Stat. § 40.01 (1967), F.S.A. Prior to September 1, 1967, Fla.Stat. § 40.01, F.S.A....
...t Court. Only women who volunteered, served as petit jurors. The constitutionality of this statute was upheld in Hall v. State,
136 Fla. 644 ,
187 So. 392 (1939). See also Hoyt v. Florida,
368 U.S. 57 ,
82 S.Ct. 159 ,
7 L.Ed.2d 118 (1961). Fla.Stat. §
40.01 (1967), F.S.A., effective September 1, 1967, provides: “(1) Grand and petit jurors shall be taken from the male and female persons over the age of twenty-one years, who are citizens of this state and who have resided in this state for one...
...hs and who are fully qualified electors of their respective counties; provided, however, that expectant mothers and mothers with children under eighteen years of age, upon their request, shall be exempted from grand and petit jury duty.” Fla.Stat. § 40.01 (1967), F.S.A., however, must be considered in pari ma-teria with the other provisions of Fla.Stat. Chapter 40, F.S.A. There is no mandatory requirement in the chapter that women actually serve on a particular jury. Fla. Stat. § 40.01 (1967), F.S.A....
...rror or irregularity in either, each person so procured or listed as a juror being presumed to be the one intended to be listed as a juror. sfc * * » ****** The veniremen in the cases sub judice, were selected and drawn in accordance with Fla.Stat. § 40.01 (1965), F.S.A....
...he jury panel. There was no prejudice, or reversal error, if they were not on the trial jury. See Bacom v. State, Fla.1949,
39 So.2d 794 , cert. denied
338 U.S. 835 ,
70 S.Ct. 41 ,
94 L.Ed. 510 (1949); Hall v. State, supra. No violation of Fla.Stat. §
40.01, F.S.A....
CopyPublished | District Court of Appeal of Florida | 8 A.L.R. 3d 485, 1962 Fla. App. LEXIS 3148
...The trial court therefore properly denied appellant’s motion to dismiss the action on the ground of improper venue, and the order so holding is accordingly affirmed. STURGIS and RAWLS, JJ., concur. . Peters v. E. O. Painter Fertilizer Co.,
73 Fla. 1001 ,
75 So. 749 . . F.S. Section
40.01, F.S.A....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 3811672, 2013 Fla. App. LEXIS 11592
...nd have not been treated the same under Florida law. Juveniles are not entitled to all of the constitutional rights possessed by adults. Juveniles in Florida cannot legally vote, Article VI, Section 2 of the Florida Constitution, or serve on a jury, section 40.01, Florida Statutes....
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
authority, the Legislature has enacted Ch. 40, F.S. Section
40.01, F.S., requires that "[j]urors shall be taken
CopyPublished | Florida 5th District Court of Appeal | 1999 WL 49811
...or which he was convicted. The State concedes error. Williams also urges that we should reverse because the venire from which his jury was chosen was picked from the voter registration rolls and not from those having driver's licenses as required by section 40.01, Florida Statutes (1997)....
