Blye v. State, 89-2842
| Decision Date | 11 September 1990 |
| Docket Number | No. 89-2842,89-2842 |
| Court | Florida District Court of Appeals |
| Parties | 15 Fla. L. Weekly D2298 Arlington BLYE, Appellant, v. The STATE of Florida, Appellee. |
Bennett H. Brummer, Public Defender and Tracy A. Nichols, Special Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen. and Julie S. Thornton, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and JORGENSON and GODERICH, JJ.
The conviction under review is reversed for a new trial because, as the state candidly conceded at oral argument, the trial court erroneously declined to excuse a juror for cause, notwithstanding his apparent lack of objectivity in the case. 1 Since the issue was properly preserved below by the exhaustion of the defendant's other peremptory challenges and his unsuccessful request for an additional one, reversal is required. Hill v. State, 477 So.2d 553 (Fla.1985); Salazar v. State, 564 So.2d 1245 (Fla. 3d DCA 1990); Jefferson v. State, 489 So.2d 211 (Fla. 3d DCA 1986), review denied, 494 So.2d 1153 (Fla.1986); Leon v. State, 396 So.2d 203 (Fla. 3d DCA 1981), review denied, 407 So.2d 1106 (Fla.1981). 2
Reversed and Remanded.
1 The pertinent colloquy on voir dire was as follows:
JUROR SISODIA: Two friends of ours, both ladies. One was robbed on two separate occasions six months ago, and another one, I don't remember how long ago, but she was in the driveway and this man came up and grabbed her purse, hit her and ran off on a bike.
In the other case a man also grabbed her purse, pushed her down and got away from the car.
You are saying that because this person is here that therefore the police officer must be telling the truth?
JUROR SISODIA: At this stage, I am afraid I cannot stay very objective,...
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