Juror Disqualification

40 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Perez v. State
  919 So. 2d 347· Fla.· 2005-10-27 ·cited 127×
  The Florida Supreme Court affirmed Daniel Perez's conviction for first-degree felony murder, robbery, and burglary in the stabbing death of Susan Martin, but vacated his death sentence and remanded for a new penalty phase proceeding because the trial court erroneously applied the
• Crosby v. State
  90 Fla. 381· Fla.· 1925-10-09 ·cited 96×
  Carl Crosby, a county clerk, was convicted of embezzlement for withholding money belonging to McLean Realty Company that he received in his official capacity. On appeal, Crosby challenged the composition of the jury and claimed error in jury instructions and the denial of his clo
• Am. Tobacco Co. v. United States
  147 F.2d 93· 6th Cir.· 1944-12-08 ·cited 94×
  The court held that the evidence presented was sufficient to support the jury's verdict of conviction for violations of the Sherman Anti-Trust Act.
• United States v. Crockett
  514 F.2d 64· 5th Cir.· 1975-06-05 ·cited 93×
  The court held that the evidence was sufficient to support the convictions and that the trial court did not err in its rulings on evidence, jury instructions, or severance motions.
• Lamb v. State
  90 Fla. 844· Fla.· 1925-12-19 ·cited 85×
  John J. Lamb was convicted of first-degree murder and sentenced to life imprisonment. He appealed on numerous grounds, including the sufficiency of the indictment, admissibility of evidence of prior threats, jury procedures, and alleged juror disqualification. The Florida Supreme
• Patrick v. State
  104 So. 3d 1046· Fla.· 2012-12-06 ·cited 81×
  Eric Kurt Patrick appeals his conviction and death sentence for the first-degree murder of Steven Schumacher, a 73-year-old man who took him in after his recent release from prison. The Florida Supreme Court affirmed both the conviction and death sentence after addressing sevente
• Metzger v. State
  18 Fla. 481· Fla.· 1881-06-01 ·cited 76×
  Morris Metzger appealed his murder conviction, challenging the trial judge's discharge of a juror with capital punishment scruples, admission of his statements to a witness, portions of the jury charge, and refusal to give requested instructions. The Florida Supreme Court upheld
• Bd. Pub. Instruction LaFayette Cnty. v. First Nat'l Bank of Gainesville
  111 Fla. 4· Fla.· 1932-10-08 ·cited 61×
  The Florida Supreme Court affirmed a judgment for a bank against a school board on a promissory note for a $10,000 loan made in 1920. The court held that the board, though a quasi-public corporation, was subject to change of venue rules, and that a validating statute enacted in 1
• Cavness v. United States
  187 F.2d 719· 9th Cir.· 1951-03-05 ·cited 56×
  The court held that evidence seized during a lawful search incident to arrest is admissible, and that a juror's brief, supervised separation from the jury room does not constitute reversible error absent demonstrable prejudice.
• United States v. D'Amato
  493 F.2d 359· 2d Cir.· 1974-03-14 ·cited 50×
  The court affirmed the convictions, finding sufficient evidence and no reversible error in evidentiary rulings or juror issues.
• United States v. Silverman
  449 F.2d 1341· 2d Cir.· 1971-10-26 ·cited 50×
  A juror's inability to read or write English does not require reversal of a conviction unless actual prejudice is shown, and a defendant lacks standing to object to the seizure of documents filed with a court if their own rights were not violated by the search itself.
• Adams v. Elliott
  128 Fla. 79· Fla.· 1937-04-22 ·cited 50×
  A property owner who maintained a pier with pilings over a beach designated as a public highway by statute was held liable for negligently failing to warn of the pilings, causing injury to a vehicle passenger. The Florida Supreme Court affirmed judgment for the plaintiff, holding
• Darden v. Louie L. Wainwright
  725 F.2d 1526· 11th Cir.· 1984-02-22 ·cited 44×
  The court held that the disqualification of a prospective juror based on opposition to the death penalty was improper without a clear showing that the juror would automatically vote against imposition of capital punishment regardless of the evidence.
• Ford v. United States
  201 F.2d 300· 5th Cir.· 1953-01-29 ·cited 32×
  A statutory disqualification of a juror, absent actual bias, is waived if not asserted before verdict, even if the disqualifying facts were unknown.
• Orion P. Likens v. State
  153 Fla. 887· Fla.· 1944-01-04 ·cited 32×
  The Florida Supreme Court affirmed a judgment, holding that a juror was not disqualified despite a pending criminal prosecution against him that had been transferred to the absentee docket. The court found the trial court's ruling that the prosecution was no longer pending was co
• Edwards v. State
  39 Fla. 753· Fla.· 1897-06-01 ·cited 28×
  The Florida Supreme Court affirmed a conviction for first-degree murder. The court addressed several assignments of error, including jury selection, admissibility of evidence, and sufficiency of proof regarding the cause of death, finding no reversible error.
• McCall v. State
  116 Fla. 179· Fla.· 1934-08-10 ·cited 26×
  Jim O. McCall was convicted as a principal in the second degree of murder in the second degree. The Florida Supreme Court reversed the conviction because a juror who had served on the grand jury investigating the homicide failed to disclose this bias, the trial court improperly l
• Kelly v. State
  39 Fla. 122· Fla.· 1897-01-01 ·cited 26×
  James M. Kelly was convicted of murder in the first degree for killing a man named Tallant. The Florida Supreme Court affirmed the conviction, rejecting Kelly's claims that the jury was improperly composed, the evidence was insufficient, and he acted in self-defense.
• Miller v. A.A. Stagner and R.L. Pulley
  757 F.2d 988· 9th Cir.· 1985-04-08 ·cited 25×
  The court held that the defendant's constitutional right to be present at critical stages of the trial was violated when he was excluded from an in camera juror disqualification hearing.
• Minnis v. Jackson
  330 So. 2d 847· Fla. 3d DCA· 1976-04-13 ·cited 25×
  Appellants Harold Minnis and Dade County appeal a $45,000 jury verdict in a personal injury case, arguing the trial was tainted by a juror's false answers during voir dire. The Florida appellate court reversed, holding that a juror's dishonest answers to material questions on voi
• Ward v. Union Barge Line Corp.
  443 F.2d 565· 3d Cir.· 1971-05-10 ·cited 23×
  The court affirmed the denial of personal injury and wrongful death claims due to statutes of limitations and laches, but affirmed the award of maintenance and cure to the seaman's estate.
• Shawon Miles v. State
  839 So. 2d 814· Fla. 4th DCA· 2003-03-05 ·cited 20×
  Shawon Miles appeals his convictions for robbery with a firearm, aggravated assault with a firearm, and two counts of kidnaping with a firearm, challenging various evidentiary and procedural issues. The Fourth District Court of Appeal affirms all convictions and sentences, findin
• Fla. Power Corp. v. Jenethel Smith
  202 So. 2d 872· Fla. 2d DCA· 1967-09-27 ·cited 17×
  Two consolidated wrongful death cases arising from a single electrical accident that killed two construction workers. The trial court granted motions for new trial after jury verdicts favored Florida Power Corporation, but the appellate court reversed, finding no legal basis for
• Reyes v. State
  49 Fla. 17· Fla.· 1905-01-01 ·cited 16×
  Simon Reyes was convicted of first-degree murder and sentenced to death. On appeal, he challenged multiple trial procedures, including the handling of an ambiguous jury verdict, the admission of leading questions, and prosecutorial misconduct, but the Florida Supreme Court affirm
• Ellison v. Gurney A. Cribb, Jr.
  271 So. 2d 174· Fla. 1st DCA· 1972-10-17 ·cited 14×
  In this negligence action arising from a motor vehicle collision, the appellate court reversed a $250,000 judgment for the plaintiff and remanded for a new trial, finding that a juror committed fraud on voir dire by failing to disclose that his daughter had died in an automobile
• Wyatt Carroll Deans and Ossie McGee v. State
  180 So. 2d 178· Fla. 2d DCA· 1965-11-16 ·cited 14×
  A private conversation between a judge and a juror, even without improper motive, violates the defendant's right to be present at all stages of a felony trial and the right to a public trial, constituting reversible error.
• Denmark v. State
  43 Fla. 182· Fla.· 1901-01-01 ·cited 14×
  The Florida Supreme Court affirmed a first-degree murder conviction, holding that a defendant waives the right to challenge a juror who was also on the grand jury that indicted him if the challenge is not made before the verdict. The court found the evidence sufficient and other
• Diehl v. State
  117 Fla. 816· Fla.· 1935-01-02 ·cited 12×
  John Diehl was convicted of manslaughter for causing the death of a thirteen-year-old girl by negligently driving an automobile that struck her on July 3, 1933. The Florida Supreme Court reversed the conviction on the ground that jurors who had served in the previous week of the
• United States v. Rodriguez
  564 F.2d 1189· 5th Cir.· 1977-12-22 ·cited 10×
  The court held that replacing a juror who failed to appear without inquiring into the reason for absence, over defense objection, was prejudicial error.
• Atlas Roofing Mfg. Co., Inc. v. Parnell
  409 F.2d 1191· 5th Cir.· 1969-04-10 ·cited 10×
  The court held that failure to raise a statutory juror disqualification objection until after the verdict, absent a showing of actual prejudice, waives the objection. Contributory negligence was a factual issue for the jury, not a matter of law.
• United States v. Humphreys
  982 F.2d 254· 8th Cir.· 1992-12-07 ·cited 8×
  The court held that the district court did not err in denying the defendant's motions to suppress evidence, sever counts, transfer venue, or for a new trial based on juror disqualification, and that the jury instructions were adequate.
• Boyington v. State
  74 Fla. 258· Fla.· 1917-11-02 ·cited 8×
  The Florida Supreme Court reversed a manslaughter conviction, finding that the trial court erred in allowing the prosecution to cross-examine the defendant about statements made at a coroner's inquest without showing she was warned of her rights. The court also addressed jury sel
• Dorman v. State
  48 Fla. 18· Fla.· 1904-06-01 ·cited 8×
  This case reviews a conviction for manslaughter where the defendant argued the trial court erred in denying a continuance, discharging a sworn juror, and excluding a deposition. The appellate court affirmed the conviction, finding no abuse of discretion in the trial court's rulin
• Denson v. State
  609 So. 2d 627· Fla. 4th DCA· 1992-08-12 ·cited 7×
  Corey Denson was tried with a juror who was an assistant state attorney and supervisor of the prosecutor trying the case. The Fourth District held that denying the challenge for cause was error because no fair and impartial jury could include the state's own attorney, violating b
• Kilgore v. State
  69 Fla. 397· Fla.· 1915-04-13 ·cited 6×
  Louis Kilgore was convicted of carnal intercourse with an unmarried female under 18 years old. On appeal, he challenged the admission of a hearsay statement he allegedly made to a witness and alleged juror bias, but the Florida Supreme Court affirmed his conviction, finding no re
• United States v. Lawrence
  618 F.2d 986· 2d Cir.· 1980-04-10 ·cited 4×
  The court held that the evidence of intimidation was sufficient for conviction and that the trial judge's questioning of a reluctant juror clarified her satisfaction with the evidence, thus validating the jury's verdict.
• Snyder v. Ira M. Coiner
  510 F.2d 224· 4th Cir.· 1975-02-07 ·cited 4×
  The court held that the trial court's limitation on cross-examination, even if an abuse of discretion, was harmless error given the overwhelming evidence of guilt, and that the denial of a motion to disqualify a juror was not a due process violation.
• United States v. Ippolito
  10 F. Supp. 2d 1305· M.D. Fla.· 1998-06-09 ·cited 1×
  The court held that defendants failed to establish that Juror 505 was unqualified or biased, thus denying their motions for a mistrial and new trial.
• Samuels v. Fed. Hous. Fin. Agency
  S.D. Fla.· 2014-09-29
  The court held that the plaintiffs lacked Article III standing because their alleged injury was too remote and speculative, and that judicial review of the FHFA's decision to suspend payments was precluded by the Administrative Procedure Act's discretionary function exception.
• Rosania v. The State of N.J.
  299 F.2d 101· 3d Cir.· 1962-02-20
  The court held that the prior ruling did not establish fundamental unfairness vitiating the entire trial, and thus the petition for habeas corpus was properly denied.