Topic: Peremptory Challenges

“Not Particularly Engaged” Juror Should Have Been Stricken

A trial court’s decision was reversed early in June for failing to strike a juror based on her nonverbal behavior.  The Fifth District Court of Appeal held that a juror being “not particularly engaged” during jury selection was a legally sufficient race-neutral reason to strike the juror.  Travelers Home and Marine Ins. Co., v. Gallo, 2018 WL 2448799 (Fla. 5th DCA, June 1, 2018). At trial, after concluding voir dire, […]

July 3, 2018

Trial Judge Reversed Due to Arbitrary Time Limits on Jury Selection

A first-degree murder conviction was reversed last month due to the trial court imposing arbitrary time limits during jury selection. In Hopkins v. State, 2017 WL 2983284 (Fla. 4th DCA, July 12, 2017), the trial court advised counsel, for the first time at the beginning of trial, that each side would be limited to three hours for voir dire to question the venire of fifty jurors. This equated to approximately […]

August 17, 2017

Is it Possible to “Unstrike” a Potential Juror?

After he finished his voir dire questions, a lawyer used his last peremptory strike on one of the remaining jurors. The jury panel was then accepted by his opponent. Before the jury was sworn, the lawyer asked the judge to “unstrike” the last juror he had stricken, asserting he could “backstrike” into the panel at anytime. The judge denied the request, correctly observing that a lawyer can backstrike only if […]

October 19, 2016

Court Errs In Blocking Peremptory Strike

A single mistake in jury selection can result in an entire new trial. Nowhere is that truer than in the area of “Neil Challenges” and peremptory strikes. A mistake there is usually reversible error per se. In Garcia v. State , 75 So. 3d 871 (Fla 3rd DCA 2010), the Defense wanted to exercise a peremptory strike on a prospective juror. The trial judge would not allow it. The prospective juror […]

November 2, 2010

Memos Posted on Timing of Peremptory Strikes

Two memorandums of law were added to the Jury Blog today concerning the timing of peremptory strikes during jury selection. The law is clear that “the only fair [jury selection] scheme is to allow the parties to exercise their challenges … so that, before a party exercises a peremptory challenge, he has before him the full panel from which the challenge is to be made” — a panel that does […]

October 6, 2010

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