Archive for August, 2007
The Fourth District Court of Appeal reversed a breach of contract case for failure to excuse a Juror Green for cause who said she had a “bad taste” from having been sued in the past which would “probably” cause her to view the case with prejudice one way or another. The problem was — Green never did say against whom she would be prejudiced, and none of the attorneys ever followed up during voir dire to find out, and no one ever bothered to ask her whether she could set her “negative feelings” aside. At one point during jury selection the trial judge asked the panel as a whole whether there was anyone on the panel who would not have the parties starting off on the same starting line, like in a race, but none of the prospective jurors responded verbally.
The 4th DCA applied the reasonable doubt standard and reversed the verdict. The Court noted that “while the juror was silent when the court advised the panel that both parties are entitled to ’start off at the same line’ and inquired of the panel whether they could wait until ‘the end of the race’ to deliberate and determine what the verdict should be, reasonable doubt is not overcome by a juror’s silence as to a question asked on the entire panel.” Four Wood Consulting, LLC v. Fyne, __ So. 2d __ (Fla 4th DCA 8/22/07)
Interestingly, the Court also observed: “We recognize that, here, the trial court and the appellees’ counsel may well have been right in surmising that the juror really ‘did not want to be there’ and ‘wanted off this jury.’ But, close issues as to juror bias are resolved in favor of excusing the juror, rather than leaving a doubt.”
August 24th, 2007
Last week the 4th DCA summarily dispensed with an appeal regarding a Neil challenge due to counsel’s failure to renew his objection before the jury was sworn. In Pozo v. State, __ So2d __ (Fla 4th DCA - August 8, 2007) the Defendant objected during jury selection to the State’s striking of a Hispanic juror. However, he failed to renew his objection before the jury was sworn. The Court held that the potential error was therefore not preserved for appeal. Earlier this year, in Glinton v. State, 32 FLW D1012a (Fla 4th DCA 2007), the same Court held that any error in the striking of two black jurors during voir dire was not preserved for appeal when counsel “accepted” the jury and did not renew his objections before the jury was sworn. Obviously, in light of these two opinions, Counsel is well advised never to “accept” a jury and also to renew all objections made during the course of jury selection before the jury is sworn.
August 13th, 2007
New York Billionaire Mayor Michael Bloomberg returned to court for a second day of jury duty Tuesday, but was dismissed after attorneys passed him up while choosing a panel to hear a personal injury case. Bloomberg started his day in a courtroom with about 35 other prospective jurors. He was allowed to leave by early afternoon. Bloomberg spent most of his first day with about 40 others in a courtroom where attorneys picked a jury for an asbestos litigation suit. The plaintiff was a woman whose husband had died after years of operating a printing press that attorneys said contained asbestos in its brakes.
August 9th, 2007
That’s what Rhovan Curtis, of Coconut Creek, learned after reporting to state court in Fort Lauderdale on July 23, his 20th birthday. When Judge Joel Lazarus told the pool of potential jurors to return after lunch, Curtis asked if he could be excused. His friends were “firing up the grill” for his birthday barbecue, he explained. The judge said no. After the lunch break, Curtis was a no-show.On Wednesday, he was back in court to answer to a misdemeanor charge: indirect contempt of court.The judge did weigh Curtis’ clean record and remorse. Instead of ordering the maximum six-month sentence, Lazarus opted for 25 hours of community service and this warning: “The next time you’re called for jury duty, you better show up.” Curtis gets to sidestep a criminal conviction. He would have spent less time on the jury — the burglary case he was being considered for wrapped up after two days. Looking humbled and nervous Wednesday in a dark suit and with his head bowed, Curtis gave the judge a typed letter of apology.”I’ve been generous my whole life and always put others before myself accept on July 23, 2007, when I let you and the Jury down,” the letter said. “In the end I had a birthday full of stress and worry.” Curtis also wrote of his newfound respect for the important role jurors play in the criminal justice system. “He made a youthful mistake to go to his birthday celebration,” said Curtis’ attorney, Michael A. Fischler. “He’s just learned a valuable lesson.” Next time he gets called for jury duty? “He’ll be there early and he’ll stay,” Fischler declared.
The above story comes from South Florida Sun-Sentinel (August 2, 2007) by Tonya Alanez
August 2nd, 2007
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