The Florida Jury Selection Blog

Don’t “Accept” A Bad Jury

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, 32 FLW D1021a (Fla. 4DCA 2007).

In Glinton, the defendant objected to the striking of two black jurors during voir dire. However, prior to swearing in the panel, the trial court asked if the panel was acceptable to both sides. Both attorneys accepted the jury and said they were satisfied, thereby failing to properly preserve for appeal the issue of the alleged improper striking of the two black jurors.

I am unaware of any rule that obligates the court to ask the lawyers whether the jury is acceptable before the jury is sworn. It may be just a custom or tradition and/or curiosity with some judges. As a practical matter it would seem prudent for the trial lawyer to always object to the jury panel before it is sworn thereby preserving all issues and objections raised during voir dire.

1 comment April 19th, 2007

More Juror Concealment - By Two Convicted Felons

Two jurors in a personal injury case concealed their prior felony convictions during jury selection. Convicted felons are not qualified to serve as jurors in Florida pursuant to Fla. Stat. 40.013. In a lengthy well-reasoned opinion, Companioni v. City of Tampa, 32 FLWD840a (Fla 2DCA 2007), the Second District Court of Appeal reinstated a substantial jury verdict for the plaintiff because the defendant was not able to show any “actual prejudice” as a result of the felons serving on a civil jury.

Continue Reading 1 comment April 1st, 2007