JOSCELYN AMANUEL GRAHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Graham was convicted of aggravated child abuse and appealed, arguing the trial court improperly dismissed a juror for cause after she disclosed knowing the defendant's mother. The appellate court affirmed, holding that the juror's repeated expressions of discomfort with service provided reasonable doubt about her impartiality despite her assertions that she could be fair.
The trial court properly dismissed the juror for cause. A juror's repeated expressions of discomfort about continued service create reasonable doubt about impartiality, and such doubt is sufficient grounds for excusal even when the juror asserts she can be fair. Any error in dismissal would be harmless because a qualified alternate replaced the dismissed juror.
[1] A juror's expressed discomfort with continued service, even if accompanied by assertions of impartiality, may create a reasonable doubt as to their ability to render an i…
[2] A juror's statement that they can and will return a verdict in accordance with the evidence and law is not determinative of their competence if other statements suggest t…
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Join FLexlaw to unlock all legal intelligence“if there is basis for any reasonable doubt as to any juror's possessing that state of mind which will enable him to render an impartial verdict based solely on the evidence submitted and the law announced at the trial he should be excused”
Establishes the standard for juror dismissal for cause—reasonable doubt about impartiality is sufficient grounds
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Join FLexlaw to unlock all legal intelligenceDuring Graham's trial for aggravated child abuse, a juror informed the bailiff that she knew Graham's mother. When questioned by the trial judge, the …
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MILLS, Judge.
Graham appeals from his conviction for aggravated child abuse on the ground that the trial court improperly dismissed a juror for cause during trial, substituting an alternate. We affirm.
After the commencement of Graham’s trial, one of the jurors approached the bailiff and informed him that she knew Graham’s mother. The bailiff in turn informed the court and the trial judge questioned the juror regarding the connection. Responding to his inquiry, the juror stated that she could be “fair and impartial” despite knowing Graham’s mother, but repeatedly asserted that she would “rather not be on the jury.” The judge excused her despite the assertion of continued impartiality, based on his belief that she would not have taken steps to inform the court had she not felt concern that her knowledge would adversely affect the performance of her jury duty.
We cannot say that this action was error. In Singer v. State, 109 So. 2d 7 (Fla.1959), it was held that “if there is basis for any reasonable doubt as to any juror’s possessing that state of mind which will enable him to render an impartial verdict based solely on the evidence submitted and the law announced at the trial he should be excused....” (emphasis supplied) In this case, the juror’s repeatedly expressed discomfort with continued service was sufficient to give rise to such reasonable doubt.
Her simultaneous assertions of impartiality should not control, since “[i]t is difficult for any person to admit that he is incapable of being able to judge fairly and impartially.” Singer. “[A] juror’s statement that he can and will return a verdict in accordance with the evidence submitted and the law announced at trial is not determinative 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 resulted from the substitution. Orosz v. State, 389 So. 2d 1199, 1200 (Fla. 1st DCA 1981).
AFFIRMED.
SMITH and THOMPSON, JJ., concur.
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Williams v. State, 638 So. 2d 976 (Fla. 4th DCA 1994)…quent statements that he or she could be fair should not necessarily control the decision to excuse a juror for cause, when the juror has expressed genuine reservations about his or her preconceived opinions or attitudes. See, e.g., Graham v. State, 470 So. 2d 97 (Fla. 1st DCA 1985). Reasonable doubt has been found where a juror admitted she “probably” would be prejudiced, even though she then asserted she “probably” could follow the judge’s instructions. Imbimbo v. State, 555 So. 2d 954 (Fla. 4th DCA 1990).…
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Jefferson v. State, 489 So. 2d 211 (Fla. 3d DCA 1986)…here is a basis for any reasonable doubt as to any juror’s possessing that state of mind which will enable him to render an impartial verdict solely on the evidence submitted and the law announced at the trial, he should be excused. Graham v. State, 470 So. 2d 97 (Fla. 1st DCA 1985), citing Singer v. State, 109 So. 2d 7 (Fla.1959). In the case at bar, the juror’s husband was currently employed in the circuit court clerk’s office and he had been employed in various law enforcement capacities for a number of…
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NOE v. State, 586 So. 2d 371 (Fla. 1st DCA 1991)…1985). The Singer principles were reaffirmed in Moore v. State, 525 So. 2d 870 (Fla.1988); Hill v. State, 477 So. 2d 553 (Fla.1985); State v. Williams, 465 So. 2d 1229 (Fla.1985); Tenon v. State, 545 So. 2d 382 (Fla. 1st DCA 1989); Graham v. State, 470 So. 2d 97 (Fla. 1st DCA 1985); and Leon v. State, 396 So. 2d 203 (Fla. 3d DCA), review denied, 407 So. 2d 1106 (Fla. 1981). Where the record reflects a reasonable doubt as to whether a challenged juror can be fair and render an unbiased verdict, failure to di…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Singer v. State, 109 So. 2d 7 (Fla. 1959)
- Leon v. State, 396 So. 2d 203 (Fla. 3d DCA 1981)
- Orosz v. State, 389 So. 2d 1199 (Fla. 1st DCA 1980)
- Plair v. State, 453 So. 2d 917 (Fla. 1st DCA 1984)