FRANK KAIN
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2024-08-21
No. 2023-1189
Hirsch, J., Scales, J., Gordo, J., Gooden, J.
2024 FL 10265 Florida District Court of Appeal, Third District (2024)

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Holding

Florida's use of six-member juries in non-capital cases does not violate the Sixth Amendment right to trial by jury.


Headnotes

[1] A six-member jury in a non-capital criminal case satisfies the Sixth Amendment right to trial by jury.

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Key Quotes

“Florida's use of six-member jury in non-capital cases does not violate the Sixth Amendment right to trial by jury”

The court's holding citing Williams v. Florida, 399 U.S. 78, 90 S.Ct. 1893, 26 L.Ed.2d 446 (1970)

Facts & Procedural History

Frank Kain appealed a judgment from the Circuit Court for Miami-Dade County. The appeal involved a challenge to the jury composition in a non-capital …

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Opinion of the Court
Gooden

Third District Court of Appeal State of Florida

Opinion filed August 21, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-1189 Lower Tribunal No. F20-13505 ________________

Frank Kain, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Milton Hirsch, Judge.

Carlos J. Martinez, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellant.

Ashley Moody, Attorney General, and Sandra Lipman, Senior Assistant Attorney General, for appellee.

Before SCALES, GORDO and GOODEN, JJ.

PER CURIAM.

2

Affirmed. See Williams v. Florida, 399 U.S. 78, 90 S.Ct. 1893, 26 L.Ed.2d 446 (1970) (holding Florida’s use of six-member jury in non-capital cases does not violate the Sixth Amendment right to trial by jury).


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