The Florida Jury Selection Blog

Trial Court Must Give Reasonable Notice of Time Limits

Both sides in a criminal case had questioned prospective jurors for “about an hour.” The trial judge then called the defendant to the bench and asked if he had any new questions, and the defendant said he had “plenty.” The trial judge responded, “No you don’t have plenty of new questions. You see the time? You’ve got about ten minutes.” The judge suggested he use his time wisely. After the defendant was convicted, the trial judge was reversed for failing to “give the parties reasonable notice of the time constraints so that they can pace the timing of their questioning as they see fit.” The 2nd DCA held in Roberts v. State, ___ So2d ___ (Fla 2nd DCA 2006), that while the trial court has discretion to limit the amount of time for voir dire, if the trial court is going to do so, it must give the parties “reasonable notice” of the time constraints. In this case, the court had not told either party that there was any time limit on voir dire before the questioning started, and thus the imposition of a ten minute time limit in the midst of voir dire was reversible error.

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Add comment September 26th, 2006

Fifty Years Ago - Lawyer’s Wife Murdered

It was fifty years ago last month that Marilyn Burch Fagan was found dead by her husband on the walkway of their home near rural Gainesville. Her husband, Osee Fagan, the County Prosecutor, was involved in the prosecution of a deaf mute, Philip Singer. Returning home near midnight from a late night at the office, he found his wife’s body in the darkness of their front yard underneath the bright starlit country skies. His young daughter was still sleeping soundly inside the home. Marilyn was not only the wife of the County Prosecutor; she was also a socialite and the daughter of one of the wealthiest men in the community. The tale that unfolds as the prosecution of the deaf mute wound its way through the Florida judicial system resulted in the landmark decision of Singer v. State , the case which is still the foundation of all jury selection law in the State of Florida. Take a moment to read it, not only to refresh this case in your mind, but also in memory of Marilyn Burch Fagan, the wife of one of our fellow trial lawyers, and also her husband, Osee Fagan, who went on to become a Circuit Judge, and who is now retired and who still lives in Gainesville.

Add comment September 11th, 2006