Suggs v. State
| Decision Date | 24 June 1993 |
| Docket Number | No. 80529,80529 |
| Citation | 620 So.2d 1231 |
| Parties | 18 Fla. L. Week. S387 Richard SUGGS, etc., Petitioner, v. STATE of Florida, Respondent. |
| Court | Florida Supreme Court |
James B. Gibson, Public Defender and James R. Wulchak, Asst. Public Defender, Daytona Beach, for petitioner.
Robert A. Butterworth, Atty. Gen., David G. Mersch and Nancy Ryan, Asst. Attys. Gen., Daytona Beach, for respondent.
We review Suggs v. State, 603 So.2d 6 (Fla. 5th DCA1992), in which the district court held that Richard Suggs (Suggs) waived his Neil 1 challenge because he failed to move to strike the jury panel before the jury was sworn. We have jurisdiction. Art. V, Sec. 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418 (Fla.1981).
We held in Joiner v. State, 618 So.2d 174 (Fla.1993), that moving to strike the jury panel is not the only way to preserve a Neil objection for review; accepting a jury subject to an earlier Neil objection is sufficient to preserve the issue of alleged racial bias in the exercise of peremptory challenges. Suggs accepted his jury subject to an earlier-made Neil objection. 2 Accordingly we quash the decision below and remand to the district court for resolution of the properly preserved Neil issue.
It is so ordered.
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Ratliff v. State
...Neil objection is sufficient to preserve the issue of alleged racial bias in the exercise of peremptory challenges." Suggs v. State, 620 So.2d 1231, 1232 (Fla.1993); Mitchell v. State, 620 So.2d 1008 (Fla.1993). See Joiner v. State, 618 So.2d 174 On appeal, Mr. Ratliff contends that the tri......
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...subject to the earlier objection. Mitchell v. State, 620 So.2d 1008 (Fla.1993); Joiner v. State, 618 So.2d 174 (Fla.1993); Suggs v. State, 620 So.2d 1231 (Fla.1993). The purpose of renewing the objection is to put the court on notice that such an objection remains outstanding. Although defe......