GARY PLAIR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Gary Plair was convicted by jury of armed trespass and aggravated assault. The appellate court reversed and remanded for a new trial, holding that the trial court erred in denying defense counsel's challenge for cause to a juror who admitted she knew the complaining witnesses and had formed opinions about the case based on newspaper articles.
The trial court erred in denying the challenge for cause. Although Grantham made some statements suggesting she could be impartial, her admissions that she knew the witnesses, had formed opinions, and found it "impossible" to be fair and impartial raised a substantial doubt as to her ability to render an impartial verdict according to the evidence.
[1] A juror's statement that it would be impossible to be fair and impartial raises a substantial doubt as to their ability to render an impartial verdict.
[2] A juror's prior knowledge of the case or parties, combined with a statement that it would be difficult to set aside that knowledge, may warrant disqualification for cause…
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Join FLexlaw to unlock all legal intelligence“By the Juror: It would be impossible.”
Juror Grantham's direct statement to the prosecutor when asked whether she could be fair and impartial despite knowing the complaining witnesses
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlair was accused of trespassing in an apartment belonging to Wanda Cox and Judy Warner and of assaulting Warner. After all but one juror had been sel…
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MILLS, Judge.
Plair was tried by a jury and convicted of armed trespass and aggravated assault.
The sole contention on appeal is that the trial court erred in denying defense counsel’s challenge to a juror for cause.
We reverse.
Plair was accused of trespassing in the Jennings apartment of Wanda Cox and Judy Warner. He was also accused of assaulting Warner. Plair pleaded not guilty and requested a jury trial.
After all but one juror had been selected, and defense counsel had exercised all his peremptory challenges, prospective juror Grantham was questioned on voir dire.
The following exchange took place between Grantham and the prosecutor: By Mr. Page: Is there anything that I haven’t asked you, that would make it difficult for you or uneasy for you to sit as a juror in this case, maybe something that you have heard here today, that I just not have gone through?
By the Juror:. I know Wanda and Judy.
By Mr. Page: Again, this is a small community, and people know each other, and the fact that you know Judy Warner and Wanda Cox, do you think, that you can base your verdict on the evidence what you hear from the witness stand, even though Wanda and Judy may testify here?
By the Juror: It probably would be hard.
By Mr. Page: Well, like you heard a minute ago, a lot of times, it’s hard to sit on a jury, the question is, would you find it impossible for you to be a fair and impartial to the State or to Mr. Plair?
By the Juror: It would be impossible.
The following exchange took place between Grantham and defense counsel: Have you heard or read anything about this case?
By the Juror: Yes sir. By Mr. Hedrick: Was that in the Jasper Newspaper?
By the Juror: Yes, sir. By Mr. Hedrick: How long ago since you read those articles?
By the Juror: I don’t know.
By Mr. Hedrick: Do you remember what you read, without telling me, do you remember what you read?
By the Juror: Yes, sir. By Mr. Hedrick: Have you formed any opinions about this case, based on what you read?
By the Juror: Yes.
By Mr. Hedrick: Now, without telling me what that opinion is, can you set that opinion aside and presume Gary Plair innocent and wait until you have heard all the evidence before you reach a final decision?
By the Juror: I don’t know, I can try.
Defense counsel challenged Grantham for cause.
The trial court denied the challenge and Grantham sat as a member of the jury.
We recognize appellant has the burden of showing manifest error in the denial of a challenge for cause.
Hawthorne v. State, 399 So. 2d 1088 (Fla. 1st DCA 1981).
That burden, however, may be overcome in a proper case.
See Singer v. State, 109 So. 2d 7 (Fla.1959); Leon v. State, 396 So. 2d 203 (Fla. 3d DCA 1981).
Despite other statements made by Grant-ham on voir dire to the effect that she could be impartial, we think her statements quoted in this opinion raised a substantial doubt as to her ability to render an impartial verdict according to the evidence.
The trial court erred in denying the challenge for cause.
Reversed and remanded for a new trial consistent with this opinion.
SHIVERS and WIGGINTON, JJ., concur.
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Joscelyn Amanuel Graham v. State, 470 So. 2d 97 (Fla. 1st DCA 1985)…of his competence, if it appears from other statements made by him ... that he is not possessed of a state of mind which will enable him to do so.” Leon v. State, 396 So. 2d 203, 205 (Fla. 3d DCA 1981) reh. den. citing Singer; accord Plain v. State, 453 So. 2d 917, 918 (Fla. 1st DCA 1984). Even if we were to agree that the dismissal of the juror was error, it was harmless. The juror was replaced by a duly selected alternate who was present for the entire proceedings, and no prejudice was shown to have result…
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Sikes v. Seaboard Coast Line R.R. Co., 487 So. 2d 1118 (Fla. 1st DCA 1986)
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Somerville v. Ratan K. Ahuja, M.D., 902 So. 2d 930 (Fla. 5th DCA 2005)…2d 377 (Fla. 3d DCA 1989); Price v. State, 538 So. 2d 486 (Fla. 3d DCA 1989); Longshore v. Fronrath Chevrolet, Inc., 527 So. 2d 922 (Fla. 4th DCA 1988); Club West, Inc. v. Tropigas of Florida, Inc., 514 So. 2d 426 (Fla. 3d DCA 1987); Plair v. State, 453 So. 2d 917 (Fla. 1st DCA 1984); . See James v. State, 736 So. 2d 1260 (Fla. 4th DCA 1999); City of Live Oak v. Townsend, 567 So. 2d 926 (Fla. 1st DCA 1990). . See Kearse v. State, 770 So. 2d 1119 (Fla. 2000); Durocher v. State, 596 So. 2d 997 (Fla. 1992). .…
Authorities Cited
- Singer v. State, 109 So. 2d 7 (Fla. 1959)
- Leon v. State, 396 So. 2d 203 (Fla. 3d DCA 1981)
- Hawthorne v. State, 399 So. 2d 1088 (Fla. 1st DCA 1981)