Topic: General Voir Dire

The Supreme Court of Florida properly reversed a jury verdict in a case where counsel was forced to use a peremptory strike during jury selection on a juror who should have been stricken for cause. The jury verdict was reversed even though it was undisputed on appeal that the jury that ultimately decided the case was a “constitutionally impartial” jury. The Supreme Court held it is prejudice “per se” to require counsel to use even […]

Prospective jurors in the Phil Spector murder trial completed an 18 page questionnaire consisting of 106 questions (some with multiple sub-parts) prior to jury selection in the trial. A copy of the questionnaire is posted on the blog, and can be obtained by clicking here: Juror Questionnaire – Phil Spector Murder Trial (2007). The trial is currently underway and is being broadcast daily on Court TV.

In a case of first impression, the Supreme Court of Florida held it was not an abuse of discretion to prohibit defense counsel from showing photographs to potential jurors during jury selection. Defense counsel sought to show the potential jurors an autopsy photograph and ask whether it would cause them to vote for the death penalty. The Court held, in Hoskins v. State, 32 FLW S159 (Fla 2007), that defense counsel was, in effect, trying […]

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 […]

In a criminal trial the jury wanted to deliberate late into the night. The closing arguments were concluded at 9:20 p.m., and the jury returned its verdict shortly after midnight –Guilty. Earlier in the afternoon (around 4:00 p.m.), defense counsel had requested the trial be adjourned and resumed the next day so that the jury would have enough time review all the evidence. The trial judge asked the jury what […]