Topic: Cause Challenges

Prospective Juror Not “Under Prosecution.”

On the day the jury was sworn – after a week of voir dire – a prospective juror got a traffic ticket. The ticket was for the “crime” of knowingly driving on a suspended license, a second-degree misdemeanor. No one in the courtroom on that day asked her about it. She didn’t tell anyone about it. And she ended up serving on the jury that convicted Jason Tucker of premeditated […]

June 23, 2008

“Conflicting Views” Raise a Reasonable Doubt

Today the Fourth District Court of Appeal reversed a criminal conviction because the trial judge failed to strike for cause a juror who “held conflicting views” on the presumption of innocence. Initially, during jury selection the juror stated “he’s guilty until proven innocent,” but later said “I think it was a misunderstanding earlier…,” and then went on to state “I can be fair and impartial.” The Court looked at the entirety of the juror’s […]

June 18, 2008

Cause Challenges for Caps On Damages and Rising Insurance Rates

This week, in Rodriguez v. Lagomasino, 972 So. 2d 1050 (Fla 3rd DCA 2008) the Third District Court of Appeal reversed a defense verdict in an auto accident case because the trial judge failed to strike two questionable jurors for cause. During voir dire, prospective Juror Gutierrez said he would not favor either side and would be “in the middle,” but he had also said his wife had been in an auto […]

January 26, 2008

Voir Dire and Comparative Fault

Last week, in Algie v. Lennar Corp., 969 So. 2d 1135 (Fla 4th DCA 2007) the 4th District Court of Appeal reversed a defense verdict in a slip and fall case. A juror had told the lawyers during jury selection that although he wouldn’t have any problem “serving fairly” if chosen, he believed that in every slip and fall case the person who slips and falls is at least partially responsible. The juror […]

November 19, 2007

Juror Doubting Own Ability = An Easy Strike

During jury selection a potential juror stated she “did not think she could focus on the trial.” Both sides agreed she should be stricken for cause. But the trial judge refused to strike her, and she ended up on the jury. (This alone would probably have resulted in a quick reversal of any verdict). However, after the first day of testimony, the woman raised her hand (she obviously REALLY didn’t […]

September 14, 2007