DAVID ROLLINS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
DAVID ROLLINS, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
462 So. 2d 610
Florida District Court of Appeal, Third District (1985)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
This appeal presents the same issue as that framed in Neil v. State, 433 So. 2d 51 (Fla. 3d DCA 1983), wherein this court certified to the Supreme Court of Florida the following question of great public importance:
Absent the criteria established in Swain v. Alabama, 380 U.S. 202, 85 S.Ct. 824, 13 L.Ed.2d 759 (1965), may a party be required to state the basis for the exercise of a peremptory challenge?
The certified question has been resolved in State v. Neil, 457 So. 2d 481 (Fla.1984). Applying to this record the test announced by the Florida supreme court, we conclude that no reversible error has been demonstrated.
We have considered the other issues raised by the appellant and find them to be without merit.
The convictions and sentences entered thereon are accordingly affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hernandez v. State, 473 So. 2d 1364 (Fla. 3d DCA 1985)…ve was neither proposed nor addressed in Neil or subsequent Florida cases, see, e.g., Andrews v. State, 459 So. 2d 1018 (Fla.1984); City of Miami v. Cornett, 463 So. 2d 399 (Fla. 3d DCA), cause dismissed, 469 So. 2d 748 (Fla.1985); Rollins v. State, 462 So. 2d 610 (Fla. 3d DCA 1985), does not mean that it does not deserve our consideration. I believe, however, that the correct view on this particular issue is found in Commonwealth v. Soares, 377 Mass. 461, 387 N.E. 2d 499, cert. denied, 444 U.S. 881, 100 S.C…
Authorities Cited
- Swain v. Alabama, 380 U.S. 202 (U.S. 1965)
- State v. Neil, 457 So. 2d 481 (Fla. 1984)
- Neil v. State, 433 So. 2d 51 (Fla. 3d DCA 1983)