Hunt v. State, 75--1219
| Decision Date | 13 April 1976 |
| Docket Number | No. 75--1219,75--1219 |
| Citation | 330 So.2d 502 |
| Parties | Harold HUNT, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Phillip A. Hubbart, Public Defender, and James K. Parker, Special Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., and Roy J. Kahn, Legal Intern, for appellee.
Before PEARSON, HAVERFIELD and NATHAN, JJ.
Defendant, Harold Hunt, was tried by jury, convicted and sentenced to five years in the state penitentiary for possession of a controlled substance. He appeals contending that on voir dire examination, after he had used all of his peremptory challenges, the trial court erred in denying his motion to excuse a juror for cause.
The challenged juror, in response to questioning by the court, stated.
Other questions on voir dire elicited that the juror's brother-in-law had just gotten out of police training; that she had been seeing her police officer boy friend for about six months, and that she had little or no discussions about police work with her boy friend or brother-in-law. The trial was completed the same day as the jurors were impaneled.
The challenge for cause to the individual juror by Hunt does not come within or meet the grounds for challenge under § 913.03, Fla.Stat. We find nothing in the record that the juror sought to be challenged was possessed of a state of mind which would prevent her from returning a verdict according to the evidence submitted and the law given at the trial. As stated in Piccott v. State, Fla.1959, 116 So.2d 626,
'Competency of a challenged juror is a question of mixed law and fact to be determined by the trial judge in his discretion and the decision of the trial judge will not be disturbed unless the error is manifest.'
Hunt also contends that the...
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Lewis v. State, 49668
...voir dire proceeding is to secure an impartial jury for the accused. See Pope v. State, 84 Fla. 428, 94 So. 865 (1923); Hunt v. State, 330 So.2d 502 (Fla.3d DCA 1976); Barker v. Randolph, 239 So.2d 110 (Fla. 1st DCA 1970); Gibbs v. State, 193 So.2d 460 (Fla.2d DCA 1967). Consequently, the p......
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Copeland v. State, 99-2383.
...As to the first issue, see State v. Altman, 432 So.2d 159, 160 (Fla. 3d DCA 1983). As to the third issue, see Hunt v. State, 330 So.2d 502, 503-04 (Fla. 3d DCA 1976). The fourth issue was decided in appellant's direct appeal.1 The remaining points are without 1. We take judicial notice of t......