"Never forget, almost every case has been won or lost when the jury is sworn." - Clarence Darrow 1936
"The change of a single juror in the composition of the jury could change the result." - Ter Keurst v. Miami Elevator Co., 486 So. 2d 547 (Fla. 1986), Justice Adkins, Dissenting
"Trial by jury is the best of all safeguards for the person and property of every individual." - Thomas Jefferson
This week the 4th DCA reminds us never to “accept” a jury panel if it contains objectionable jurors. If you “accept” the panel after jury selection without renewing your objections before the jury is sworn, you will probably have failed to preserve your objections for appellate review. You should always renew your objections to the jurors on the panel before the jury is sworn. See, Glinton v. State, 956 So. 2d 497 […]
April 19, 2007
Two jurors in a personal injury case concealed their prior felony convictions during jury selection. Convicted felons are not qualified to serve as jurors in Florida pursuant to Fla. Stat. 40.013. In a lengthy well-reasoned opinion, Companioni v. City of Tampa, 32 FLWD840a (Fla 2DCA 2007), the Second District Court of Appeal reinstated a substantial jury verdict for the plaintiff because the defendant was not able to show any “actual prejudice” as a result of the felons serving on a civil jury.
April 1, 2007
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