ALLEN MATTHEWS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court's refusal to entertain a preemptory challenge before the jury was sworn was an error.
The appellant attempted to exercise a preemptory challenge before the jury was sworn, but the trial court refused. The trial court acknowledged the ob…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
Reversed and remanded for a new trial on the authority of Grant v. State, 429 So. 2d 758 (Fla. 4th DCA 1983).
Prior to the jury being sworn, the appellant attempted to exercise one of his remaining preemptory challenges to the jury panel. The trial court refused to entertain the appellant’s objection at that time and directed that the jury be sworn. After the jury was sworn and the remaining prospective jurors released, the trial court acknowledged on the record the appellant’s attempt to exercise a preemptory challenge prior to the jury being sworn. At the same time the trial judge stated that under his practice jury challenges were not permitted once a juror had been questioned and accepted, even though that juror had not been sworn as a member of a complete jury. The trial court also acknowledged that the appellant had objected to such procedure.
We specifically disapproved of such a jury selection procedure in Grant. Upon review of the record we also are unable to conclude that the error here was harmless. Cf. Jones v. State, 332 So. 2d 615 (Fla.1976). In fairness to the trial court, we acknowledge that Grant was decided after the trial of the present case.
ANSTEAD, C.J., and DOWNEY and DELL, JJ., concur.
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Dobek v. ANS, 475 So. 2d 1266 (Fla. 4th DCA 1985)…acceptance and object to a juror at any time before the juror is sworn. Shelby v. State, 301 So. 2d 461 (Fla. 1st DCA 1974); Walden v. State, 319 So. 2d 51 (Fla. 1st DCA 1975); Blanco v. State, 438 So. 2d 404 (Fla. 4th DCA 1983); Matthews v. State, 451 So. 2d 973 (Fla. 4th DCA 1984). The procedure for jury selection in civil trials is governed by Florida Rule of Civil Procedure 1.431. The rule does not make specific reference to the time when a peremptory challenge must be made. Absent a specific rule, it…
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King v. State, 461 So. 2d 1370 (Fla. 4th DCA 1985)…courts of this state have consistently interpreted both Florida Rule of Civil Procedure 1.431 and Florida Rule of Criminal Procedure 3.310 to protect the right of the litigant to backstrike at any time before a juror is sworn. See Matthews v. State, 451 So. 2d 973 (Fla. 4th DCA 1984); Florida Rock Industries, Inc. v. United Building Systems, Inc., 408 So. 2d 630 (Fla. 5th DCA 1981); Jones v. State, 332 So. 2d 615 (Fla.1976); Knee v. State, 294 So. 2d 411 (Fla. 4th DCA 1974). The right to backstrike must be re…1 / 2
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Frederick v. State (Fla. 4th DCA 2024)…re, a defendant has accepted the jury panel but has not exhausted his peremptory strikes, the trial court abuses its discretion when it refuses to entertain a peremptory challenge before the jury is sworn. This court’s opinion in Matthews v. State, 451 So. 2d 973 (Fla. 4th DCA 1984) is analogous. There, the defendant attempted to exercise a remaining preemptory challenge prior to the jury being sworn. Id. at 974. The trial court refused to entertain the challenge, explaining that “under his practice jury c…
Authorities Cited
- Jones v. State, 332 So. 2d 615 (Fla. 1976)
- Grant v. State, 429 So. 2d 758 (Fla. 4th DCA 1983)