ROBERT WILLIAM IRBY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Robert Irby, an inmate convicted of battery on a correctional officer, appealed his conviction on the grounds that correctional officers should have been excused from the jury for cause. The Florida First District Court of Appeal reversed, holding that the trial court abused its discretion by denying Irby's challenges for cause against correctional officers who shared identical employment risks with the alleged victim.
The trial court abused its discretion by denying Irby's challenges for cause against the correctional officers. Officers sharing the same employment capacity and identical personal risks as the alleged victim should have been excused under Florida Statute § 913.03(10), which permits challenges for cause based on a state of mind that prevents impartial adjudication.
[1] Correctional officers employed at the same facility as the victim of an alleged battery on a correctional officer should be excused for cause when challenged by the defen…
[2] A jury venire member who shares the same unusual employment risks as the victim of the charged offense may possess a state of mind that prevents impartiality, even if the…
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Join FLexlaw to unlock all legal intelligence“In all criminal prosecutions the accused shall ... have a speedy and public trial by impartial jury”
Constitutional right to impartial jury that forms the foundation for the court's analysis
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Join FLexlaw to unlock all legal intelligenceIrby, an inmate at Union Correctional Institution, was tried by jury for battery on a correctional officer at the facility. The jury venire included s…
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WENTWORTH, Judge.
Appellant is an inmate at the Union Correctional Institution and was found guilty, after a jury trial, of battery on a correctional officer at the Union facility. We agree with appellant’s contention that Union correctional officers whom appellant challenged “for cause” should have been excused from jury service; we therefore reverse the judgment and sentence appealed.
The jury venire in this case included several Union correctional officers, each of whom appellant challenged for cause. In response to questioning by counsel and the court, each correctional officer asserted that he would impartially decide the case solely on the facts presented. The court denied appellant’s challenges for cause, and appellant then utilized his peremptory challenges. After the peremptory challenges were exhausted one officer remained on the jury which resolved conflicting testimony, presented by appellant and the alleged victim, and found appellant guilty of the offense charged. The various correctional officers whom appellant challenged serve in related institutional facilities, and in the same general employment capacity,1 as the alleged victim.
Article I, § 16, Fla. Const., provides that:
In all criminal prosecutions the accused shall ... have a speedy and public trial by impartial jury ....
Section 913.03(10), Florida Statutes, provides that a jury may be challenged “for cause” if possessed of “a state of mind ... that will prevent him from acting with impartiality ... . ” The statute also indicates that, despite a juror’s predisposition, “if he declares and the court determines that he can render an impartial verdict” the juror shall not be excused “for cause.”
The fairness of a proceeding and the impartiality of a jury are not necessarily impaired because a juror is placed in a potentially compromising situation (see Smith v. Phillips, 455 U.S. 209, 102 S.Ct. 940, 71 L.Ed.2d 78 (1982)), and a trial court has broad discretion regarding determinations of juror bias. See Hawthorne v. State, 399 So. 2d 1088 (Fla. 1st DCA 1981). We conclude, however, that the circumstances of the present case raise both an appearance and a substantial probability of inherent juror bias, in a trial for an alleged offense against a person in the course of employment involving unusual personal risks identical to those shared by the challenged jurors. Pursuant to § 913.03(10), therefore, the challenged correctional officers should have been excused upon challenge for cause. The denial of appellant’s challenge was an abuse of discretion result ing in manifest error which requires reversal of appellant’s conviction.2
Accordingly, the judgment of conviction and sentence are reversed and the cause remanded for trial anew.
BOOTH and THOMPSON, JJ., concur. . One of the challenged correctional officers was the alleged victim’s immediate supervisor. . The state relies on Morgan v. State, 415 So. 2d 6 (Fla.1982). To the extent that Morgan suggests that correctional officers are not statutorily excluded from juror service in all instances, we note that Morgan was directed to service by such officers on juries for criminal prosecutions generally, and did not involve the limited circumstances which the case now before us presents, i.e., correlation of an unusual specific employment risk for the juror and the victim of the offense charged.
In situations which bear some degree of similarity to the instant case, various jurisdictions have taken disparate positions. E.g., compare Commonwealth v. Colon, 223 Pa.Super. 202, 299 A. 2d 326 (1972), with Lugo v. State, 136 Tex.Cr.R. 226, 124 S.W. 2d 344 (1929).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Williams, 465 So. 2d 1229 (Fla. 1985)…ct solely on the evidence despite the fact that they were employed in the prison system. Based upon these answers, the trial judge denied the challenge for cause. The district court of appeal reversed, relying on its prior opinion in Irby v. State, 436 So. 2d 1047 (Fla. 1st DCA 1983), review denied, 447 So. 2d 888 (Fla.1984). It had concluded in Irby that “the circumstances of the present case raise both an appearance and a substantial probability of inherent juror bias, in a trial for an alleged offense agai…
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Mobil Chem. Co. v. Hawkins, 440 So. 2d 378 (Fla. 1st DCA 1983)…represented within the past year by an attorney still holding a fee interest in the case casts such grave doubts on her ability to render a fair and impartial verdict to the defendant that a challenge for cause should be granted. See Irby v. State, 436 So. 2d 1047 (Fla. 1st DCA 1983). The motion for rehearing or certification is denied. BOOTH and WENTWORTH, JJ., concur.…
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Williams v. State, 440 So. 2d 404 (Fla. 1st DCA 1983)…judice or bias against the defendant because the two jurors were correctional officers, but the two jurors stated under oath they would give the defendant a fair and impartial trial. Does the law require more? No. I would recede from Irby v. State, 436 So. 2d 1047 (Fla. 1st DCA 1983), on which the majority bases its decision. Not only does Irby ignore the clear language of the Florida Constitution and Section 913.03(10), but the Court substitutes its judgment for that of the trial court which is prohibited. W…1 / 2
Authorities Cited
- Smith v. Phillips, 455 U.S. 209 (U.S. 1982)
- Morgan v. State, 415 So. 2d 6 (Fla. 1982)
- Hawthorne v. State, 399 So. 2d 1088 (Fla. 1st DCA 1981)