JAMES WESTLEY WHITE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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James Westley White was convicted of selling cocaine within 1,000 feet of a school zone and sentenced to seven years in prison. The appellate court reversed and remanded for a new trial, finding that the trial court erred in denying the defendant's motion to strike a juror for cause and in denying an additional peremptory challenge to remove an objectionable juror.
The trial court erred in refusing to excuse Castellanos for cause because her answers raised a reasonable doubt as to whether she could be fair and impartial. The defendant properly preserved error regarding juror Gomez by challenging him for cause and objecting after exhausting peremptory challenges, thereby establishing reversible error under the standard in Trotter v. State.
[1] A juror's statements that raise a reasonable doubt as to their ability to be fair and impartial warrant dismissal for cause, even if the judge attempts to rehabilitate th…
[2] A defendant properly preserves an issue for appeal regarding an objectionable juror remaining on the panel when the defendant challenges the juror for cause and, after ex…
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Join FLexlaw to unlock all legal intelligence“While the trial judge tried to rehabilitate juror Castellanos, her answers raised a reasonable doubt as to whether she could be fair and impartial.”
Establishes the standard for striking a juror for cause—reasonable doubt about impartiality is sufficient, even after attempted rehabilitation.
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Join FLexlaw to unlock all legal intelligenceDuring jury selection, the defendant moved to strike five jurors for cause. The trial court denied his request to excuse three jurors: Castellanos, Fr…
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PER CURIAM.
The defendant, James Westley White, appeals his conviction and sentence for selling cocaine within one thousand feet of a school zone. We reverse and remand for a new trial.
During jury selection, the defendant moved to dismiss five jurors for cause. The trial court denied the defendant’s request to excuse three of the jurors. One of these jurors, Castellanos, stated that she might not be an impartial juror since she had two children, taught Sunday school, and loved children. After the trial judge questioned her, Castellanos stated that she would probably be fair and could acquit the defendant if there was no proof beyond a reasonable doubt of his guilt. The other two jurors, Fradley and Gomez, stated that they expected the defendant to testify at trial.
The defendant used peremptory challenges to excuse Castellanos and Fradley. However, the defendant did not have enough peremptory challenges to excuse Gomez. The trial court denied the defendant’s request for an additional peremptory challenge. Therefore, Gomez remained on the jury.
After the jury returned a guilty verdict, the trial court sentenced the defendant under the guidelines to seven years in prison. The defendant appeals.
The defendant contends that the trial court erred in denying his motion to strike Castellanos for cause. We agree. While the trial judge tried to rehabilitate juror Castellanos, her answers raised a reasonable doubt as to whether she could be fair and impartial. See Hamilton v. State, 547 So. 2d 630 (Fla.1989); Moore v. State, 525 So. 2d 870 (Fla.1988); Mann v. State, 571 So. 2d 551 (Fla. 3d DCA 1990); Garcia v. State, 570 So. 2d 1082 (Fla. 3d DCA 1990); Salazar v. State, 564 So. 2d 1245 (Fla. 3d DCA 1990); Price v. State, 538 So. 2d 486 (Fla. 3d DCA 1989). We conclude, under these circumstances, that the trial judge erred in refusing to excuse Castellanos. See Moore, 525 So. 2d at 870; Price, 538 So. 2d at 486.
In addition to having asked for additional peremptory challenges, the defendant attempted to challenge juror Gomez for cause and objected to juror Gomez after his peremptory challenges had been exhausted. Thus, under the standard enunciated in Trotter v. State, 576 So. 2d 691 (Fla.1990), the defendant properly objected that the panel which had been ultimately chosen included an objectional juror and, therefore, has shown reversible error. See also Villorin v. State, 578 So. 2d 738 (Fla. 3d DCA 1991). For the foregoing reasons, the defendant’s conviction is reversed and the cause is remanded for a new trial.
Reversed and remanded for a new trial.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Eustache Henry v. State, 586 So. 2d 1335 (Fla. 3d DCA 1991)…emptory challenge to excuse an objectionable juror; the court’s refusal permitted an objectionable juror to serve on the jury. Trotter; Penn v. State, 574 So. 2d 1079 (Fla.1991); Floyd v. State, 569 So. 2d 1225 (Fla.1990); Pentecost; White v. State, 579 So. 2d 784 (Fla. 3d DCA 1991). Henry need not demonstrate that a biased juror was seated; it is sufficient that he attempted to use a peremptory challenge to excuse an objectionable juror who served on the jury.1 Trotter, 576 So. 2d at 693-93; Pentecost, 545 S…
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Davis v. State, 656 So. 2d 560 (Fla. 4th DCA 1995)…where the third district found error in not excusing the juror for cause. In Coney, the juror’s responses during voir dire demonstrated a preconceived belief that “a victim in a case such as this would only tell the truth.” See also White v. State, 579 So. 2d 784 (Fla. 3d DCA 1991); Smith v. State, 516 So. 2d 43 (Fla. 3d DCA 1987). Where a juror demonstrates a strong bias for or against the credibility of one side or another, which he or she is unsure can be put aside, a challenge for cause should be granted…
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Dellmar v. State, 586 So. 2d 513 (Fla. 3d DCA 1991)…PER CURIAM. The defendant appeals his conviction for possession of cocaine. We reverse and remand for a new trial upon the authority of White v. State, 579 So. 2d 784 (Fla. 3d DCA 1991) (failure to exclude prospective juror for cause was reversible error, where proper procedures were followed, peremptory challenges were exhausted, and challenge of another objectionable juror was denied). See also Trotter v. State…
Authorities Cited
- Trotter v. State, 576 So. 2d 691 (Fla. 1990)
- Price v. State, 538 So. 2d 486 (Fla. 3d DCA 1989)
- Alton Moore v. State, 525 So. 2d 870 (Fla. 1988)
- Hamilton v. State, 547 So. 2d 630 (Fla. 1989)
- Salazar v. State, 564 So. 2d 1245 (Fla. 3d DCA 1990)
- Lahav Flooring & Fixtures, Inc. v. Flecher, 571 So. 2d 551 (Fla. 3d DCA 1990)
- Melvyn M. Garcia v. State, 570 So. 2d 1082 (Fla. 3d DCA 1990)
- Villorin v. State, 578 So. 2d 738 (Fla. 3d DCA 1991)