STATE OF FLORIDA, PETITIONER,
v.
SANDY SAFFORD, RESPONDENT
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McDONALD, Justice.
The issue in this case is whether our decision in State v. Neil, 457 So. 2d 481 (Fla.1984), is to be applied to cases where the jury was selected prior to Neil, but the cases were not finalized. These have been generally referred to as “pipeline” cases. We find that any person whose case was in the original trial or appellate process and who has followed the procedure specified in Neil to contest the racially discriminatory use of peremptory challenges is entitled to have Neil applied to that person’s case. Our comment that Neil was not to be applied retroactively was intended to forestall the use of Florida Rule of Criminal Procedure 3.850 in collateral attacks on final judgments. Neil is not to be applied to those cases where the original trial and appellate processes were completed when Neil became effective; Neil does apply to those cases where the original trial or original appeal had not been so completed.
The opinion of the district court in Safford v. State, 463 So. 2d 378 (Fla.3d DCA 1985), is approved.
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON, EHRLICH, SHAW and BARKETT, JJ„ concur-
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Roberts v. State, 568 So. 2d 1255 (Fla. 1990)…objection to the state’s excusal of two black prospective jurors. This Neil issue was not raised on appeal and Batson and Slap-py are not fundamental changes in the law which would allow collateral consideration of the issue. See State v. Safford, 484 So. 2d 1244 (Fla.1986) (Neil not to be retroactively applied to cases where appellate process was completed when Neil became effective). In Slappy, we reaffirmed Neil, noting that the guarantees adopted in Neil exceed those adopted in Batson. Slappy, 522 So. 2d…
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State v. Glenn, 558 So. 2d 4 (Fla. 1990)…pply Haliburton v. State, 514 So. 2d 1088 (Fla.1987), which held that police failure to comply with attorney’s telephonic request not to question a defendant further until that attorney could arrive was a violation of due process); State v. Safford, 484 So. 2d 1244 (Fla.1986) (declined to retroactively apply State v. Neil, 457 So. 2d 481 (Fla.1984), which changed the long-standing rule in Florida that a party could never be required to explain the reasons for exercising preemptory challenges); State v. Statewr…
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Mitchell v. Moore, 786 So. 2d 521 (Fla. 2001)…ply Ha-liburton v. State, 514 So. 2d 1088 (Fla.1987), which held that police failure to comply with attorney’s telephonic request not to question a defendant further until that attorney could arrive was a violation of due process); State v. Safford, 484 So. 2d 1244 (Fla.1986) (declined to retroactively apply State v. Neil, 457 So. 2d 481 (Fla.1984), which changed the longstanding rule in Florida that a party could never be required to explain the reasons for exercising preemptory challenges); State v. Statewri…
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- State v. Neil, 457 So. 2d 481 (Fla. 1984)
- Safford v. State, 463 So. 2d 378 (Fla. 3d DCA 1985)