Mobley v. State, 88-3368
| Decision Date | 07 March 1990 |
| Docket Number | No. 88-3368,88-3368 |
| Citation | 559 So.2d 1201 |
| Parties | 15 Fla. L. Weekly D625 Robert MOBLEY, Appellant, v. STATE of Florida, Appellee. |
| 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 David D. McLauchlin, Asst. Atty. Gen., West Palm Beach, for appellee.
During voir dire, a prospective juror denied he had ever been a victim of a crime. He was selected for the jury and the trial began. Thereafter, he remembered that he had, after all, been a crime victim and informed the judge. Defense counsel's motion to strike him from the panel and substitute the alternate was denied. We reverse.
The defense did not use all its peremptory challenges in this case. Had the juror answered correctly during voir dire, a peremptory challenge might well have been used in view of the juror's personal experience. However, the defendant was denied the inalienable right to use such a challenge because of the incorrect response to voir dire. This was error, notwithstanding the juror's assurances that he could be impartial. Those assurances might well have obviated a challenge for cause, but it did nothing to resurrect the ability to exercise a peremptory challenge. See Mitchell v. State, 458 So.2d 819 (Fla. 1st DCA 1984).
We find no further error.
REVERSED AND REMANDED.
In my judgment, the appellant has failed to demonstrate an abuse of trial court discretion. It was the juror who raised the matter after the trial had started when he recalled that he had once been the victim of a burglary in which a bank card was stolen. There is nothing in the record of the additional voir dire to cast doubt on the juror's assurance that this incident would have no bearing on his ability to be fair and impartial. On this record it is unlikely that the incident would be of any material significance to the charges of battery on a police officer and resisting arrest with violence. I would affirm.
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NICHOLAS v. State of Fla.
...to remove the juror and declare a mistrial. Id. The Fourth District reached the same result on similar facts in Mobley v. State, 559 So.2d 1201, 1202 (Fla. 4th DCA 1990) (reversing and remanding for a new trial when a juror denied being a victim of a crime upon being asked during voir dire ......
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Nicholas v. State Of Fla.
...to remove the juror and declare a mistrial. ld. The Fourth District reached the same result on similar facts in Mobley v. State, 559 So. 2d 1201, 1202 (Fla. 4th DCA 1990) (reversing and remanding for a new trial when a juror denied being a victim of a crime upon being asked during voir dire......
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Valle v. State, 72328
...the new information does not constitute good cause.6 Valle argues that his interpretation of the rule is supported by Mobley v. State, 559 So.2d 1201 (Fla. 4th DCA 1990), and Mitchell v. State, 458 So.2d 819 (Fla. 1st DCA 1984). Those decisions are distinguishable because the jurors misinfo......
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Feagin v. State
..."inalienable right " to use such a challenge because of the alternate juror's nondisclosure during voir dire. See Mobley v. State, 559 So. 2d 1201, 1202 (Fla. 4th DCA 1990). While the alternate juror's belated assurances that he could be impartial may have obviated a challenge "for cause," ......