"Never forget, almost every case has been won or lost when the jury is sworn." - Clarence Darrow 1936
"The change of a single juror in the composition of the jury could change the result." - Ter Keurst v. Miami Elevator Co., 486 So. 2d 547 (Fla. 1986), Justice Adkins, Dissenting
"Trial by jury is the best of all safeguards for the person and property of every individual." - Thomas Jefferson
Earlier this summer, the Third District Court of Appeal reversed a criminal conviction due to a trial court’s improper Melbourne analysis. In Brannon v. State, Defendant, Earl Brannon, was convicted of two counts of criminal trespass and one count of resisting arrest without violence. During jury selection, the jurors were questioned regarding their prior interactions with law enforcement, as there was expected to be testimony from police officers during trial. […]
August 23, 2021
A trial court’s decision was reversed early in June for failing to strike a juror based on her nonverbal behavior. The Fifth District Court of Appeal held that a juror being “not particularly engaged” during jury selection was a legally sufficient race-neutral reason to strike the juror. Travelers Home and Marine Ins. Co., v. Gallo, 2018 WL 2448799 (Fla. 5th DCA, June 1, 2018). At trial, after concluding voir dire, […]
July 3, 2018
A single mistake in jury selection can result in an entire new trial. Nowhere is that truer than in the area of “Neil Challenges” and peremptory strikes. A mistake there is usually reversible error per se. In Garcia v. State , 75 So. 3d 871 (Fla 3rd DCA 2010), the Defense wanted to exercise a peremptory strike on a prospective juror. The trial judge would not allow it. The prospective juror […]
November 2, 2010
Enter your information below to subscribe to The Jury Selection Blog and receive instant notification of new cases and cutting-edge techniques.
