Jefferson v. State, 90-2187
| Decision Date | 07 August 1991 |
| Docket Number | No. 90-2187,90-2187 |
| Citation | 584 So.2d 123 |
| Parties | Tony JEFFERSON, Appellant, v. STATE of Florida, Appellee. 584 So.2d 123, 16 Fla. L. Week. D2070 |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn Asbury, Asst. Atty. Gen., West Palm Beach, for appellee.
We affirm appellant's conviction and sentence for armed robbery.
During voir dire, the state exercised a peremptory challenge against a minority juror. The trial court determined that the challenge was racially motivated, but denied appellant's motion to strike the jury panel. Instead, the trial court fashioned its own remedy by seating the challenged juror.
In State v. Neil, 457 So.2d 481 (Fla.1984), the court established that the remedy for a race-based challenge is to dismiss the jury panel and start voir dire over. See also State v. Slappy, 522 So.2d 18 (Fla.), cert. denied, 487 U.S. 1219, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988). In Mazaheritehrani v. Brooks, 573 So.2d 925 (Fla. 4th DCA 1990), a civil case, this court held that it was reversible error to seat the challenged jurors rather than to apply the Neil remedy of striking the panel, recognizing that a court deprives a party of peremptory challenges by seating the challenged jurors. We note that the Florida Supreme Court has accepted jurisdiction in Mazaheritehrani.
In Carter v. State, 550 So.2d 1130 (Fla. 3d DCA), rev. denied, 553 So.2d 1164 (Fla.1989), the appellant argued that the trial court, rather than dismissing the panel, should have seated the unlawfully challenged jurors. The court rejected this argument, recognizing that the trial court properly applied the Neil remedy. The court noted:
We believe that a trial court should have the discretion to cure a discriminatory challenge by means other than dismissal of the entire panel. However, this court and the trial courts are bound by the clear language of Neil, absent directions otherwise from the Florida supreme court.
In this case, the trial court found that the state challenged jurors for racial reasons. Instead of applying the Neil remedy, the trial court seated the jurors despite the state's peremptory challenge. The state did not question the trial court's remedy. Rather, the defendant (appellant) claims that the trial court's use of an alternative to the Neil remedy is reversible error, despite the fact that the defendant was not prejudiced by the remedy used.
This court has held that the Neil remedy may be waived by a party who does not object to the use of a different remedy, such as the seating of the challenged jurors. Palmer v. State, 572 So.2d 1012 (Fla. 4th DCA 1991). In Palmer, the defendant declined the opportunity to commence voir dire anew, and was therefore deemed to have waived the right to the Neil...
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...the remedy as prescribed for seating challenged jurors, despite the fact the defendant had not been prejudiced. (Jefferson v. State (Fla.1991) 584 So.2d 123, 125.) The Jefferson court held the trial court's remedy in the case was not opposed by the State and did not cause prejudice to the d......
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Wright v. State
...not cure a discriminatory challenge by seating a stricken juror), review denied, 553 So.2d 1164 (Fla.1989). See also Jefferson v. State, 584 So.2d 123 (Fla. 4th DCA 1991); Mazaheritehrani v. Brooks, 573 So.2d 925 (Fla. 4th DCA 1990), review granted, 582 So.2d 622 (Fla.1991). Accordingly, th......
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...and simple assault was reversed and remanded for a new trial, and two questions were certified, in reliance on Jefferson v. State, 584 So.2d 123 (Fla. 4th DCA 1991), and on disputed language in State v. Neil, 457 So.2d 481, 487 (Fla.1984). See Aldret v. State, 592 So.2d 264 (Fla. 1st DCA 19......
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Aldret v. State
...trial courts are bound by the clear language of Neil, absent directions otherwise from the Florida Most recently, in Jefferson v. State, 584 So.2d 123 (Fla. 4th DCA 1991), the Fourth District examined a case in which the State challenged jurors for racial reasons, the court seated the juror......