Topic: Reasonable Doubt Standard

Supreme Court Upholds Importance of Peremptory Strikes

The Supreme Court of Florida properly reversed a jury verdict in a case where counsel was forced to use a peremptory strike during jury selection on a juror who should have been stricken for cause. The jury verdict was reversed even though it was undisputed on appeal that the jury that ultimately decided the case was a “constitutionally impartial” jury. The Supreme Court held it is prejudice “per se” to require counsel to use even […]

June 22, 2007

One Bad Juror Is All It Takes

At the conclusion of Voir Dire, the Defendant wanted to strike four jurors for cause. The judge denied all the challenges. At least one of the jurors was questionable. On appeal, a new trial was ordered by the 4th DCA because “seating a single juror whose impartiality may reasonably be questioned is a structural error not subject to harmless error analysis.” In Dorsett v. State, 941 So2d 587 (4 DCA 2006). the Court noted that the […]

November 22, 2006