Topic: Peremptory Challenges

Whitby Walks

Edgar Sylvester Whitby was prosecuted for permanently disfiguring his victim by throwing hot water on her. He was convicted of aggravated battery “by a clearly impartial jury” in an “otherwise error free” trial. But Edgar is a free man today, and the Supreme Court of Florida just turned down the State’s appeal of this case. State v. Whitby, 975 So. 2d 1124 (Fla. 2008). What happened? During jury selection the prosecutor sought to use […]

February 19, 2008

Supreme Court Upholds Importance of Peremptory Strikes

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 […]

June 22, 2007

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