CARLOS PALMER
v.
STATE OF FLORIDA
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Florida's use of a six-person jury in criminal trials does not violate the defendant's constitutional rights and is permissible under longstanding precedent.
[1] A six-person jury in a criminal trial for attempted premeditated first-degree murder is constitutionally permissible under Florida law and longstanding precedent.
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Join FLexlaw to unlock all legal intelligenceCarlos Palmer was convicted of attempted premeditated first-degree murder with a firearm in Palm Beach County Circuit Court and appealed his convictio…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
CARLOS PALMER, Appellant,
v.
STATE OF FLORIDA, Appellee.
No. 4D2025-2252
[October 21, 2026]
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Cymonie S. Rowe, Judge; L.T. Case No. 502023CF002385AXXXMB.
Daniel Eisinger, Public Defender, and Ethan R. Goldberg, Assistant Public Defender, West Palm Beach, for appellant.
James Uthmeier, Attorney General, Tallahassee, and Luke R. Napodano, Senior Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
The defendant appeals his conviction and sentence for attempted premeditated first-degree murder with a firearm. He raises three issues on appeal. We affirm the circuit court's use of a six-person jury given longstanding precedent. See Guzman v. State, 350 So. 3d 72 (Fla. 4th DCA 2022), rev. denied, No. SC22-1597, 2023 WL 3830251 (Fla. June 6, 2023); Cunningham v. Florida, 144 S. Ct. 1287 (2024) (denying petition for writ of certiorari challenging Florida's use of six-member juries). But see Kian v. State, 421 So. 3d 439 (Fla. 4th DCA 2025), cert. granted, 146 S. Ct. 2732 (2026). We affirm all other issues without discussion.
Affirmed.
FORST, SHEPHERD and SHAW, JJ., concur.
* * *
Not final until disposition of timely-filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Guzman v. State, 350 So. 3d 72 (Fla. 4th DCA 2022)
- Hamed Kian v. State, 421 So. 3d 439 (Fla. 4th DCA 2025)