Barwick v. State, 70097
| Decision Date | 15 June 1989 |
| Docket Number | No. 70097,70097 |
| Parties | 14 Fla. L. Weekly 295 Darryl Bryan BARWICK, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida Supreme Court |
Michael E. Allen, Public Defender, and W.C. McLain, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., and Helen P. Nelson and Richard E. Doran, Asst. Attys. Gen., Tallahassee, for appellee.
Darryl Barwick appeals his conviction of first-degree murder and his sentence of death. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. Because error occurred during jury selection, we vacate Barwick's sentences, reverse his convictions, and remand for a new trial. *
During voir dire, the state used peremptory challenges to excuse three black prospective jurors. Barwick objected, claiming a violation of State v. Neil, 457 So.2d 481 (Fla.1984), which condemns using peremptory challenges to exclude blacks from serving on juries solely because of their race. The trial court held that Barwick had no standing to make a Neil objection because both he and the victim were white. Barwick now claims that this ruling constitutes reversible error.
After Barwick objected, the state explained its reasons for two of the three peremptory challenges. Because of the trial court's impression that Neil did not apply, however, we find no indication in the record that the court made a conscientious evaluation of the Neil claim. We recently held that a defendant need not be black to object to peremptory challenges directed to prospective black jurors, even though their respective races may be relevant in determining whether the challenges are being unconstitutionally exercised because of racial bias. Kibler v. State, 546 So.2d 710 (Fla.1989).
We realize that the court did not have the benefit of Kibler at the time of this trial, but we agree with Barwick that reversible error occurred. Therefore, we direct that Barwick be retried.
It is so ordered.
The state used peremptory challenges to remove three blacks (Miller, Cannon, and Nikolas) during voir dire. The defense objected to each of these challenges. Although the court denied these objections, the prosecutor explained why he wanted two of them removed. He had considered asking to have Miller removed for cause because of her antipathy toward the death penalty, but,...
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Barwick v. State
...convictions, vacated his sentences, and remanded for a new trial due to an error that occurred during jury selection. Barwick v. State, 547 So.2d 612 (Fla.1989).1 Upon retrial, and represented by a different attorney, Barwick was again convicted as charged.2 The jury unanimously recommended......
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Ratliff v. State
...--- U.S. ----, 114 S.Ct. 1419, 128 L.Ed.2d 89 (1994); Powers v. Ohio, 499 U.S. 400, 111 S.Ct. 1364, 113 L.Ed.2d 411 (1991); Barwick v. State, 547 So.2d 612 (Fla.1989); Kibler v. State, 546 So.2d 710 (Fla.1989). That the victim was also African-American is likewise immaterial.2 In State v. N......
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Barwick v. State
...found a violation of State v. Neil, 457 So.2d 481 (Fla.1984), reversed Barwick's convictions, and remanded for a new trial. Barwick v. State, 547 So.2d 612 (Fla.1989). A new attorney was appointed to represent Barwick. The retrial was assigned to Judge Clinton E. Foster, after Judge W. Fred......
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Barwick v. State, SC07-1831
...convictions, vacated his sentences, and remanded for a new trial due to an error that occurred during jury selection. Barwick v. State, 547 So. 2d 612 (Fla. 1989).1 Page 4 Upon retrial, and represented by a different attorney, Barwick was again convicted as charged.2 The jury unanimously re......