Topic: Peremptory Challenges

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

Don’t Let Sleeping Dogs Lie

Potential juror Sanders may have been sleeping during jury selection. Florida law is clear that “sleeping” during voir dire is a valid race-neutral reason for striking a juror  — not to wake him up,  but to remove him from the panel! See, Davis v. State, 560 So2d 1346 (Fla 3d DCA 1990). When the prosecutor used a peremptory strike against juror Sanders, the lawyer for the defendant, Eugene Harriell, raised […]

February 25, 2010

Maximizing The Power of Peremptory Strikes

The law concerning the use of peremptory challenges in jury selection has been changing in recent years. There is a vast difference between Florida law and Federal law in this area. While “Cause is Still King,” the effective use of peremptory challenges can make or break the outcome of a trial. As Justice Adkins wrote in the seminal case of Ter Keurst v. Miami Elevator Company, 486 So. 2d 547 […]

April 20, 2009

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