Topic: Appellate Issues

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 […]

It really happened. After finishing his testimony, a key witness had lunch in the courthouse cafeteria with a juror on the case during the trial. He later told the Court their conversation did not include anything about the case. The Trial Court expressed multiple concerns but did not declare a mistrial.  The Appellate Court reversed noting the potential prejudice to the defendant from the improper contact, i.e. “none of us have […]

The 3rd DCA reversed a criminal conviction simply because the trial judge failed to conduct a requested Neil inquiry concerning a challenge directed at a “white male.” The trial was apparently “otherwise error free” and “decided by a clearly impartial jury.”