Florida Statutes

Fla. Stat. § 913.10 (2025)

Number of jurors.

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913.10 Number of jurors.Twelve persons shall constitute a jury to try all capital cases, and six persons shall constitute a jury to try all other criminal cases.
History.s. 191, ch. 19554, 1939; CGL 1940 Supp. 8663(198); s. 87, ch. 70-339.
Notes of Decisions
Cited in 45 cases (7 in the last 5 years), 1965–2026 · leading case: Williams v. Florida, 399 U.S. 78 (1970).
Williams v. Florida, 399 U.S. 78 (1970). · cites it 4× “[3] Fla. Stat. § 913.10 (1) (1967): "Twelve men shall constitute a jury to try all capital cases, and six men shall constitute a jury to try all other criminal cases.”
Walling v. State, 105 So. 3d 660 (Fla. 1st DCA 2013). · cites it 10× “Appellant raises three other issues that merit discussion: 1) whether appellant was entitled to a twelve-member jury under section 913.10, Florida Statutes (2011); 2) whether his confession was coerced or otherwise made involuntarily; and 8) whether the jury was unfairly…”
Ballew v. Georgia, 435 U.S. 223 (1978). · cites it 2× “23 (1974); Fla. Stat. Ann. § 913.10 (West 1973); Ky.”
In Re Stand. Jury Instructions in Crim. Cases— Report No. 2013-03, 146 So. 3d 1110 (Fla. 2014). · cites it 4× “§ 913.10, Fla. Stat. “Law enforcement officer” means any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is…”
In Re Amend. to Fla. Rules of Cr. Proc., 606 So. 2d 227 (Fla. 1992). · cites it 6× “Except for substituting the word "persons" for "men," the suggested rule is a transcription of section 913.10, Florida Statutes. The standing committee on Florida court rules raised the question as to whether this rule is procedural or substantive and directed the subcommittee…”
State v. Griffith, 561 So. 2d 528 (Fla. 1990). · cites it 2× “Although we agree with the district court that the state's decision not to seek the death penalty in a first-degree murder case does not automatically permit trial by a six-person jury, we do not agree that a record showing of the defendant's personal knowing and intelligent…”
Gonzalez v. State, 982 So. 2d 77 (Fla. 2d DCA 2008). · cites it 3× “" Section 913.10, Florida Statutes (2006), is the current law that "fixes" the number of jurors: "Twelve persons shall constitute a jury to try all capital cases, and six persons shall constitute a jury to try all other criminal cases.”
City of Jacksonville v. Smith, 159 So. 3d 888 (Fla. 1st DCA 2015). · cites it 2× “§ 913.10, Fla. Stat. ("Twelve persons shall constitute a jury to try all capital cases, and six persons shall constitute a jury to try all other criminal cases.”
Donaldson v. Sack, 265 So. 2d 499 (Fla. 1972). · cites it 2× “[6] Fla. Stat. § 913.10 , F.S.A. [7] Portee v.”
Hall v. State, 853 So. 2d 546 (Fla. 1st DCA 2003). · cites it 4× “" § 913.10, Fla. Stat. (1991); Fla. R.Crim.”
State v. Jones, 922 So. 2d 508 (La. 2006). “Cases in which punishment is necessarily confinement at hard labor shall be tried by a jury composed of twelve jurors, ten of whom must concur to render a verdict.”
Palazzolo v. State, 754 So. 2d 731 (Fla. 2d DCA 2000). · cites it 2× “See § 913.10, Fla. Stat. (1997); Fla. R.Crim.”
— 913.10(1) — 2 cases
Grissom v. State, 237 So. 2d 57 (Fla. 3d DCA 1970).
Hearns v. State, 223 So. 2d 738 (Fla. 1969).
— 913.10(2) — 2 cases
In Re Amend. to Fla. Rules of Cr. Proc., 606 So. 2d 227 (Fla. 1992). “Except for substituting the word "persons" for "men," the suggested rule is a transcription of section 913.10, Florida Statutes. The standing committee on Florida court rules raised the question as to whether this rule is procedural or substantive and directed the subcommittee…”
Newton v. State, 178 So. 2d 341 (Fla. 2d DCA 1965).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

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