STATE OF FLORIDA, PETITIONER,
v.
JOSE CASTILLO, RESPONDENT
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The court held that State v. Neil applies to cases pending on direct appeal, but objections to improper peremptory challenges must be raised before the jury is sworn. Improper cross-examination of a witness constitutes reversible error.
The court reviewed a case where the district court granted a new trial due to improper cross-examination of a witness and also addressed the retroacti…
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McDonald, justice.
We accepted jurisdiction in Castillo v. State, 466 So. 2d 7 (Fla. 3d DCA 1985), to resolve a conflict as to whether State v. Neil, 457 So. 2d 481 (Fla.1984), applies to all cases pending on direct appeal at the time the decision became final. Generally, an appellant is entitled to the benefit of the law at the time of appellate disposition. Dougan v. State, 470 So. 2d 697, 701 n. 2 (Fla.1985). We see no exception to this principle in this case. Our comment in Neil that it should not be applied retroactively was intended to apply to completed cases.
A second issue is whether the objection to the improper use of peremptories must be raised prior to the jury being sworn. The answer is in the affirmative. In Neil we outlined the procedure required to preserve this issue. A timely objection must be raised and the state must be given an opportunity to demonstrate that the use of a peremptory was not motivated solely by race. Clearly,. an objection must be raised prior to the swearing of the jury, and the issue being presented for the first time on a motion for mistrial, after the jury is sworn, is not timely.
Finally, the district court granted a new trial because of improper cross-examination of a witness. Without any apparent factual formulation the prosecutor inferred an illegal act on the part of the defendant’s witness, thus discrediting her in the eyes of the jury by improper means. We agree that this constituted reversible error. That portion of the district court’s opinion dealing with the Neil issue is quashed, but the granting of a new trial is approved.
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON, EHRLICH, SHAW and BARKETT, JJ., concur.
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Citator
Cited By (68 total)
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State v. Slappy, 522 So. 2d 18 (Fla. 1988)…y, the constitutional principles must prevail, notwithstanding the traditionally unlimited scope of the peremptory. In interpreting our own Constitution, this Court in State v. Neil, 457 So. 2d 481 (Fla. 1984), clarified sub nom, State v. Castillo, 486 So. 2d 565 (1986), recognized a protection against improper bias in the selection of juries that preceded, foreshadowed and [*21] exceeds the current federal guarantees.1 We today reaffirm this state’s continuing commitment to a vigorously impartial system of…
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Joiner v. State, 618 So. 2d 174 (Fla. 1993)…h District Court of Appeal affirmed the convictions of Eddie Joiner (Joiner) for possession of a controlled substance and resisting arrest without violence. Joiner contends that State v. Neil, 457 So. 2d 481 (Fla.1984), clarified, State v. Castillo, 486 So. 2d 565 (Fla.1986), was violated when the State gave an inadequate reason for a peremptory challenge of an African-American juror. The district court held that Joiner failed to preserve his objection to the composition of the jury. During jury selection th…1 / 2
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Konstantinos X. Fotopoulos v. State, 608 So. 2d 784 (Fla. 1992)…find no merit to Fotopou-los’ contention that the State was allowed to use peremptory challenges to exclude [*788] black prospective jurors contrary to this Court’s decision in State v. Neil, 457 So. 2d 481 (Fla.1984), clarified, State v. Castillo, 486 So. 2d 565 (Fla.1985), and clarified, State v. Slappy, 522 So. 2d 18 (Fla.), cert. denied 487 U.S. 1219, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988), and limited by Jefferson v. State, 595 So. 2d 38 (Fla.1992). In this case, the State used two peremptory challenges…
Previewing 3 of 68 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Neil, 457 So. 2d 481 (Fla. 1984)
- Dougan v. State, 470 So. 2d 697 (Fla. 1985)
- Carter v. Gottleb, 466 So. 2d 7 (Fla. 3d DCA 1985)