In Davis v. State, 922 So. 2d 454 (Fla 4th DCA 2006), the Court held that the trial judge was correct in preventing this attempt at backstriking because “although it is clearly reversible error to deny a challenge to a juror when the defendant has not exhausted all of his peremptory challenges prior to the jury’s being sworn, that is not the case where, as here, a party has exhausted all of its peremptory challenges.”

The Court also noted that opposing counsel, who had expended his peremptory challenges based partially on the manner in which the defense exercised its challenges, would be prejudiced by a change in the process so late in the proceedings.