PAUL E. HACKMAN AND LINETTE HACKMAN, PETITIONERS,
v.
CITY OF ST. PETERSBURG, A MUNICIPAL CORPORATION, RESPONDENT
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PER CURIAM.
In this certiorari proceeding, we review an order permitting a jury interview. We grant relief and quash the order. The respondent contends that the jury may have overheard statements made by the judge from the bench while the jury was seated in the jury room and also when seated in the jury box. The motion to interview and supporting affidavits are speculative at best. As such, they fail to establish a legally sufficient reason to interview the jurors. See Baptist Hospital of Miami, Inc. v. Maler, 579 So. 2d 97 (Fla.1991) (clarifying State v. Hamilton, 574 So. 2d 124 (Fla.1991), and holding that mere possibility of juror misconduct consisting of improper reliance on non-record evidence insufficient to grant interview).
Petition granted.
RYDER, A.C.J., and PARKER and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Johnston v. State, 841 So. 2d 349 (Fla. 2002)…ould be an overt act subject to judicial inquiry and, if true, would require a new trial. The allegations [*362] in this case are a far cry from the cases cited by the majority. See majority op. at 357, note 10. In Hackman v. City of St. Petersburg, 632 So. 2d 84, 85 (Fla. 2nd DCA 1993), the allegation was that the “jury may have overheard statements made by the judge from the bench while the jury was seated in the jury room and also when seated in the jury box.” Clearly that allegation, without more, amount…1 / 2
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Harbour Island Sec. Co., Inc. v. DOE, 652 So. 2d 1198 (Fla. 2d DCA 1995)…The court stayed action on the order pending our review. This court has consistently recognized the strong public policy against juror interviews. See, e.g., Hampton v. Kennard, 633 So. 2d 535 (Fla. 2d DCA 1994); Hackman v. City of St. Petersburg, 632 So. 2d 84 (Fla. 2d DCA 1993); Nationwide Mutual Fire Insurance Company v. Tucker, 608 So. 2d 85 (Fla. 2d DCA 1992); State Department of Transportation v. Rejrat, 540 So. 2d 911 (Fla. 2d DCA 1989). In this instance, the motion and supporting affidavit togethe…
Authorities Cited
- Baptist Hosp. OF Miami, Inc. v. Maler, 579 So. 2d 97 (Fla. 1991)
- State v. Thewell Eugene Hamilton, 574 So. 2d 124 (Fla. 1991)