MARY ANN SYDLEMAN, APPELLANT,
v.
DANIEL W. BENSON, M.D., AND FLORIDA PHYSICIANS INSURANCE RECIPROCAL, APPELLEES
PER CURIAM.
We affirm the final judgment and write only to express concern as to the trial court’s action in rejecting appellant’s challenge for cause of two jurors who had been patients of a physician-expert witness called by the appellee doctor. Upon review of the entire colloquy between the jurors, the judge and the lawyers, we conclude that the judge acted within his discretion in denying the challenge for cause. General Foods Corp. v. Brown, 419 So. 2d 393 (Fla. 1st DCA 1982). However, the impartiality of the finders of fact is an absolute prerequisite to our system of justice. Close cases should be resolved in favor of excusing the juror rather than leaving a doubt as to his or her impartiality.
ANSTEAD, C.J., and DOWNEY and HURLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (27 total)
-
Price v. State, 538 So. 2d 486 (Fla. 3d DCA 1989)…ied, 494 So. 2d 1153 (Fla.1986); Leon v. State, 396 So. 2d 203 (Fla. 3d DCA), review denied, 407 So. 2d 1106 (Fla.1981); see also Murphy v. Florida, 421 U.S. 794, 95 S.Ct. 2031, 44 L.Ed.2d 589 (1975); Fla.R.Civ.P. 1.431(c)(1); cf Sydleman v. Benson, 463 So. 2d 533 (Fla. 4th DCA 1985) (“Close cases involving challenge to impartiality of potential jurors should be resolved in favor of excusing the juror rather than leaving doubt as to his or her impartiality.”). A juror’s assurance that he or she is able to re…
-
Natale Lorenzo Montozzi v. State, 633 So. 2d 563 (Fla. 4th DCA 1994)…fair and impartial, as is constitutionally required. We have stated on a number of occasions that, rather than leave doubt as to a juror’s impartiality, close cases should be resolved in favor of dismissing the juror. See, e.g., Sydleman v. Benson, 463 So. 2d 533 (Fla. 4th DCA 1985). While this is indeed an area of trial judge discretion, nevertheless we have ordered new trials ourselves where we were convinced of the existence of reasonable doubts. Chapman, 593 So. 2d at 607; Street v. State, 592 So. 2d 36…
-
Williams v. State, 638 So. 2d 976 (Fla. 4th DCA 1994)…stice, we have adhered to the proposition that close cases involving challenges to the impartiality of potential jurors should be resolved in favor of excusing the juror rather than leaving doubt as to impartiality. See Montozzi; Sydleman v. Benson, 463 So. 2d 533 (Fla. 4th DCA 1985). This juror vacillated between partiality and impartiality, having initially advised defense counsel of his “deep feelings in this kind of case” based on his numerous contacts in the U.S. Attorney’s Office and in law enforcement…
Previewing 3 of 27 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Diaz v. State, 419 So. 2d 393 (Fla. 3d DCA 1982)